Case of the Day: In re Green Development

The case of the day is In re Green Development Corp. (D. Md. 2015). Green Development, a Honduran corporation, was engaged in litigation in the Honduran courts “arising out of its financial and real estate dealings in Honduras.” It had succeeded in the litigation and had a judgment in its favor, which was on appeal before the Honduran Supreme Court. Green claimed that an “unspecified, adverse party” had “engaged in improper, ex parte communications with the Honduran Supreme Court.” In particular, the adverse party had given the Honduran court a copy of an article by Michael McNicholas that contained (according to Green) “outlandish, defamatory claims accusing Green Development’s CEO (Mohammad Yusuf Amdani) and two companies of laundering money in furtherance of international terrorism, smuggling drugs, and even aiding al-Qaeda.” Green brought a § 1782 application seeking production of documents and a deposition of McNicholas in order “to test the factual sufficiency of statements found in the Article” and “to discover information regarding McNicholas’ improper motive.” The purpose, Green claimed, was to submit the discovery to the Honduran Supreme Court in order to “mitigate the adverse effect” of the improper ex parte communication with that court.
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