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Dr. Douglas Schottenstein, et al. v. Orthogen International GmbH

Paid petition · United States Court of Appeals for the Second Circuit, No. 25-1253, 25-1258 · judgment April 1, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

28 U.S.C. § 1782 authorizes federal courts to order discovery “for use in a proceeding in a foreign or international tribunal.” The Second Circuit affirmed orders authorizing what it repeatedly called “pre-suit discovery” — Rule 45 subpoenas for use in a “contemplated” private German civil action that Respondent, Orthogen Int’l GmbH, has not filed. The Question Presented is: Whether 28 U.S.C. § 1782 permits a district court to authorize a private foreign party to serve Rule 45 subpoenas for “pre-suit discovery” — to develop unpleaded foreign-law claims against a U.S. resident — in aid of a putative civil action it says it will file in the “conventional courts” of a foreign jurisdiction, where no administrative or quasi-judicial proceeding affords the applicant “significant procedural rights.”

Counsel of record

For petitioner
Edward Daniel Altabet
Brach Eichler

For respondent
Karen R. King
Morvillo Abramowitz Grand Iason & Anello P.C.

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Aug 20 2026
    Reply of petitioners Dr. Douglas Schottenstein, et al. filed. (Distributed)
  3. Aug 19 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Aug 05 2026
    Brief of respondent Orthogen International GmbH in opposition filed.
  5. Jun 29 2026
    Petition for a writ of certiorari filed. (Response due August 5, 2026)