Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee Page 16

Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee general information

Media for Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee

Audio Transcription for Oral Argument - March 23, 1982 in Insurance Corporation of Ireland, Ltd. v. Compagnie des Bauxites de Guinee

And that you will have to get your own documents and come in here with proof?

Edmund K. Trent:

No, that was wrong.

I think Judge Simmons in effect did say that.

But that is not correct.

The burden is on the Plaintiff to show jurisdiction.

When did the judge say that?

Edmund K. Trent:

I beg your pardon?

When did the judge say that?

Edmund K. Trent:

He said that--

Before he imposed the sanction?

Edmund K. Trent:

--Yes.

So he said to you: Look, I'm going to find that there's jurisdiction unless you come in and prove--

Edmund K. Trent:

Yes, yes, precisely.

--Now, that is... and you think that was unjustified?

Edmund K. Trent:

Yes, that was erroneous, because all we have--

Let's assume for the moment that you agree that there had been a refusal to discover.

I know you say there wasn't.

Edmund K. Trent:

--Yes.

But assume there was.

Edmund K. Trent:

All right.

And you agree that a sanction, some kind of an effective sanction, was justified.

You say that sanction would be bad, to put the burden of proof on--

Edmund K. Trent:

Yes, yes.

--Even though you had refused discovery?

Edmund K. Trent:

Yes.

And even though the rule says that you may, as a sanction you may deem the facts sought to have been established?

Edmund K. Trent:

Yes, because we say that doesn't apply where it's a question of jurisdiction.

And the Familia de Boom case held exactly that, that even though the burden was on the plaintiff to produce the... to prove jurisdiction, if the plaintiff couldn't get it it was too bad, but he should make other efforts.

Now, we say, as I said before, that the Plaintiff was not hamstrung here.

All he had to do was go to London and look at our records.