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State court litigants have witnessed their share of discovery abuses, where opposing parties indiscriminately (and sometimes improperly) serve subpoenas on federal agencies in the hopes of finding information, or just causing trouble.
The Appellate Division delivered some good news in Ouritski v. Richard Catena Auto Wholesalers, A-2209-09T3 (Oct. 20, 2010), holding that a state court has no authority to enforce a subpoena issued to a federal agency. After a judgment was entered against it, Richard Catena Auto Wholesalers tried to enforce a subpoena served on the Customs and Border Protection unit of the United States Department of Homeland Security. Catena maintained that Customs had evidence bearing on the merits of its defense. The trial court determined that it lacked the authority to compel Customs to produce documents.
When the Appellate Division reviewed the matter, it determined two things. First, the court held that the subpoena was procedurally flawed. Federal agencies are entitled to regulate the manner in which they respond to requests for information. Catena was out of luck, because it had not complied with Customs' requirements for obtaining information in conjunction with third-party civil actions.
Second, and most important, the court held that the doctrine of sovereign immunity relieved Customs of any obligation to respond to the subpoena. Simply stated, a state court cannot tell a federal agency what do to. The doctrine applies to a subpoena because it is considered "process," just like a summons and complaint. The Appellate Division found that the United States never waived its immunity from state court suits and can be sued only in federal court. Accordingly, state courts lack authority to issue orders or process against federal agencies and employees.
The ruling is important because it is one of few bright-line limitations that New Jersey courts have imposed on conducting discovery.
On March 7, Chief Justice Rogers (ret.) will be speaking at the "Appellate Practice: What Not to Do, Lessons from the Bench and Bar," webinar sponsored by the Young Lawyers Section of the Connecticut Bar Association.
Judge Christopher F. Droney (ret.) and Matthew Austin authored the article, "2022 Brings New Priorities in Civil and Criminal Enforcement for U.S. Justice Department," for the Expert Opinion column of the Connecticut Law Tribune.
Judge Christopher F. Droney (ret.) authored the article, "Preparation is Key: A Successful Moot Session is Vital for Appellate Arguments," for the "Best Practices" column of the Connecticut Law Tribune.
Judge Christopher Droney (ret.) authored the article, "Tips for Effective Appellate Arguments," for the "Expert Opinion" column of the Connecticut Law Tribune.
Day Pitney Alert
Christopher F. Droney was interviewed by Kara Sundlin of WFSB 3 CBS Connecticut regarding the draft opinion leak in Roe v. Wade at the Supreme Court.
On April 8, the firm obtained an appellate victory on behalf of The Hartford.
Day Pitney Partners William J. Roberts and Christopher F. Droney were both selected as recipients of the Distinguished Leaders Award in the 2022 Connecticut Legal Awards, sponsored by the Connecticut Law Tribune.
Judge Christopher F. Droney (ret.) and Matthew Austin's Connecticut Law Tribune Expert Opinion column, "2022 Brings New Priorities in Civil and Criminal Enforcement for U.S. Justice Department," was quoted in a feature article by the same publication, titled, "Big Changes Coming with Biden Administration's M&A Review."
Elizabeth Sher, partner and General Counsel for Day Pitney, was quoted in the New Jersey Law Journal's article titled, "All Eyes on Philip Sellinger: Observers Watch New US Attorney for Clues About Priorities."
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