Walter Tzvi Soriano v Forensic News LLC & Ors.

Walter Tzvi Soriano v Forensic News LLC & Ors.

The US proceedings initiated by the 1782 Application are not oppressive, vexatious, or unconscionable. Seeking evidence via 28 USC §1782 is legitimate and not a circumvention of English law. The criticisms raised do not individually or cumulatively justify injunctive relief. The outstanding costs owed by respondents do not bar them from seeking evidence in the US. The application for an anti-suit injunction is refused.

Parties
Applicant/claimant: Walter Tzvi Soriano; Respondent/1st Defendant: Forensic News LLC; Respondent/2nd Defendant: Scott Stedman; 3rd Defendant: Eric Levai
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Application for Anti Suit Injunction / Ruling on Application for Anti Suit Injunction
Outcome
Application for anti-suit injunction refused
Legal Topics
Anti Suit Injunction, Section 37(1) Senior Courts Act 1981, 28 USC §1782, Libel, Disclosure, Jurisdiction, Unconscionability
Civil Procedure Media Law Defamation Anti Suit Injunction Section 37(1) Senior Courts Act 1981 28 USC §1782 Libel Disclosure +2 more

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Parties

Walter Tzvi Soriano

Applicant/claimant

Forensic News LLC

Respondent/1st Defendant

Scott Stedman

Respondent/2nd Defendant

Eric Levai

3rd Defendant

Procedural Posture

Application for Anti Suit Injunction / Ruling on Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether the US proceedings initiated by the 1782 Application are oppressive, vexatious, or unconscionable so as to justify an anti-suit injunction
  2. 2 Whether seeking disclosure in the US under 28 USC §1782 circumvents English disclosure rules in libel actions
  3. 3 Whether outstanding costs owed by respondents justify injunctive relief

Ratio Decidendi

The US proceedings initiated by the 1782 Application are not oppressive, vexatious, or unconscionable. Seeking evidence via 28 USC §1782 is legitimate and not a circumvention of English law. The criticisms raised do not individually or cumulatively justify injunctive relief. The outstanding costs owed by respondents do not bar them from seeking evidence in the US. The application for an anti-suit injunction is refused.

Court Disposition

Application for anti-suit injunction refused