Results matching “chevron ecuador”

Chevron-Ecuador and Steven Donziger update - PointOfLaw Forum

Updating our Chevron/Ecuador/Lago Agrio coverage:

Roger Parloff tweets:

Q: what do you get when you lie to the press nonstop for 7 years straight? A: a puff piece in the nyt. Bloomberg BusinessWeek isn't impressed, either.

Meanwhile, an Ecuadorian judge admitted to fraud in the proceedings, and Patton Boggs may be beginning to regret its involvement. A WSJ op-ed notes the success of Chevron refusing to be a corporate defendant that cowers in settlement when faced with fraud.

Chevron is meanwhile opening another front against Ecuador, through enforcement of treaty obligations in international arbitration.

Stratus Consulting retracted its expert report. I had some concern that Chevron was winning solely through bullying: I've seen firsthand litigators use scorched-earth tactics to try to force me to apologize for and retract statements that were true. But then I saw Keker & Van Nest claim that Donziger had stopped paying them and they had to withdraw from their defense of him. This is the surest sign yet that Donziger is in the wrong. As Judge Kaplan's order noted, "this is a case in which those who control whatever money is available to finance litigation efforts have decided not to pay these lawyers." If Donziger had even a smattering of truth on his side, the small chance of a jackpot against Chevron would be more than enough to obtain litigation financing. Yet apparently he is unwilling or unable to provide sufficient reassurance in litigation financier due diligence.

Reuters has had a lot of good coverage, but it's unfortunately all behind a paywall now.

Stratus Consulting and Chevron-Ecuador - PointOfLaw Forum

A Law Week Colorado story (via Amazon Post), looks at the role of Stratus Consulting in the gigantic Lago Agrio verdict, and Chevron's suit against the firm. Greenwire reports that Stratus is currently receiving federal taxpayer money for consulting work.

Chevron videos on Lago Agrio - PointOfLaw Forum

Chevron tells its side of the story in a seven-part video series on the Lago Agrio litigation in Ecuador.

Around the web, March 13 - PointOfLaw Forum

  • Who says Wal-Mart v. Dukes ends class actions—or even employment class actions? Certainly not Richard Posner. [McReynolds v. Merrill Lynch; Trask; Karlsgodt; Seyfarth Shaw; Baker Hostetler; WSJ Law Blog; earlier at POL]

  • Richard Epstein on safety nets: "These can cushion individuals from shock in the short run, but the balance is not sustainable in the long run. Too many people climb into the nets, leaving too few productive individuals to support them." [Hoover]
  • Charity auction for Friars Club doesn't deliver on the promised goods of Oscar tickets, so not only refunds purchasers their $27,000 purchase price, but offered them first-class roundtrip airfare and a luxury hotel stay. Not good enough, say plaintiffs, who hire BigLaw firm to sue for $250,000 in damages including "intentional infliction of emotional distress." [Am Law Daily]
  • Mazie Slater attempt to free ride on class action ex-partners litigated doesn't fly with New Jersey federal judge. [Lawyers USA]
  • EDNY magistrate shoots down defendant's request for plaintiff's log-in information for Facebook and other social network sites. Such an overbroad request and intrusion on privacy can deter plaintiffs from bringing legitimate actions, so this is a good ruling. But let's see judges recognize the problems caused by overbreadth in the other direction. [Turkewitz]
  • Coverage of Chevron/Ecuador $18 billion Lago Agrio judgment. Theodore Boutros notes that the ability of Ecaudorian President Rafael Correa to silence a critical newspaper with a criminal libel prosecution demonstrates the corrupt judiciary of Ecuador. [Boutros @ Forbes; Mastro video interview @ WSJ; California Lawyer]
  • For all the complaints about working conditions at Foxconn (which do seem very unpleasant), Chinese workers prefer it to other alternatives. [Atlantic]
  • The Landlord's Tale. [CJ]

Setback for Chevron in fraudulent Ecuador litigation - PointOfLaw Forum

The Second Circuit has ruled that Chevron must challenge the Ecuadorian judgment against it jurisdiction by jurisdiction rather than asking a US court to enjoin enforcement globally. The ruling is likely to have an adverse effect on Chevron's collateral RICO litigation against the plaintiffs. Meanwhile, you wouldn't know anything was fishy going on if you relied on Time Magazine's one-sided coverage instead of Alison Frankel's. [Frankel; Frankel; Frankel; Time; NYLJ; New Yorker via OL]

On November 15th, the U.S. House of Representatives Judiciary Subcommittee on Courts, Commercial and Administrative Law held a hearing on "Recognition and Enforcement of Foreign Judgments." John B. Bellinger, III testified on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform.

As the Chamber's ILR report Confronting the New Breed Of Transnational Litigation: Abusive Foreign Judgments points out "in the last few decades, there has been a significant increase in the number of actions seeking recognition and enforcement of foreign judgments in the United States." Therefore, this hearing was an important forum to set out the concerns and fears of many in the business community who are at risk and could be subject to unfair legal practices abroad. These concerns are especially well founded in light of cases such as Chevron v. Mendoza where the Second Circuit recently vacated the preliminary injunction granted by the district court which blocked enforcement of the $18 billion judgment against Chevron.

John Bellinger explained that "the business community supports recognition and enforcement of appropriate foreign judgments in U.S. courts but wants to avoid abuse of the liberal U.S. legal framework for recognition and enforcement."

He identified what he believes are the "three main goals of the U.S. business community" which are summarized as follows:

First, U.S. businesses want to know that if they obtain a money judgment, whether inside or outside the United States, they will be able to enforce that judgment in jurisdictions where the judgment debtor has assets.

Second, and related to the first goal, U.S. businesses need to understand what exceptions to recognition and enforcement might be invoked by judgment debtors that could undermine the success of the U.S. businesses' pursuit of judgments in their favor, and they need to be able to invoke appropriate exceptions themselves as judgment debtors to ensure that unjust or inappropriate judgments by foreign tribunals are not enforced against them.

And third, U.S. businesses want a predictable international legal regime where courts are obligated to recognize judgments that have been reached in other courts selected by the parties themselves.


Lago Agrio lawyers lobbying state AGs? - PointOfLaw Forum

Of course, it's a standard tactic for plaintiffs' lawyers to lobby media, hedge funds, and government to mau-mau corporations into settling, so this isn't exactly a man-bites-dog scandal, but the New York Times takes a look at this often underreported aspect of big-bucks litigation. Chevron has filed a freedom-of-information request with New York state government. Chevron's Amazon Post website is an admirable attempt to get its side of the story out there (one we'd wish other corporations would emulate when being unfairly attacked by the trial bar).

Relatedly, Miami Herald film critic Glenn Garvin has some trenchant observations about the number of trial-lawyer-funded films masquerading as documentaries.

In other Lago Agrio news, the Second Circuit vacated Judge Kaplan's preliminary injunction against the plaintiffs regarding enforcement of the Ecuador judgment. A request to remove Kaplan from the case was denied.

Patton Boggs v. Chevron dismissed again - PointOfLaw Forum

Judge Kennedy once again dismisses the complaint in Patton Boggs v. Chevron, which was an odd second front against Chevron in the corrupt Ecuadorian Lago Agrio case. Earlier.

Parloff on Lago Agrio - PointOfLaw Forum

The new Fortune magazine has coverage of the Lago Agrio scandal, and supplements it on the web with Roger Parloff's tale of the latest evidence of Ecuadorian corruption: a judicial opinion that quotes heavily not from any of the court filings, but from an internal plaintiffs' firm memo.

Judge Lewis Kaplan issued a 131-page opinion detailing the corruption of the Ecuadorian judiciary—as well as the plaintiffs' lawyers plans for evading the parts of Ecuadorian law that prohibit excessive attorneys' fees. Click the tags below for recent posts on the subject. [Fisher @ Forbes]

Update: And Chevron moves to disqualify Steven Donziger's attorney. [LNL]

Around the web, February 17 - PointOfLaw Forum

  • Texas asbestos and silicosis reform a success. [LNL; TCJL]
  • Elsewhere in Texas, Governor Perry proposes loser pays and making access to justice easier for smaller cases. [TCJL]
  • Extensive tort reform in Wisconsin undoes some bad Wisconsin Supreme Court decisions, caps punitive damages. [Sachse]
  • Multi-billion dollar judgment in Ecuador in Chevron lawsuit. Chevron has a webpage detailing its response to and summarizing the various collateral litigations, including a Hague international arbitration temporarily prohibiting international enforcement of the judgement.

  • "Climate Policy by Judicial Fiat: How Global Warming Lawsuits Subvert the Democratic Process" [Heritage]
  • Insider trading and the Sentencing Guidelines. [Ribstein]
  • Why is Obama meeting with a group that launders Chinese money? [Carney @ Examiner]
  • DOJ/DHS operation shuts down over 83,000 web sites for no reason. [Blackman]

Around the web, February 10 - PointOfLaw Forum

  • TRO against collection in Chevron Ecuador case. [AP/NYT]
  • Responses to Laurence Tribe (NYT) on the Obamacare lawsuits. [Yoo @ Ricochet; Epstein @ Ricochet; Adler @ Volokh; Tabarrok; Instapundit roundup]
  • Zach Scruggs has already served his time for his role in the Scruggs bribery scandal, but is arguing to undo his guilty plea. [LNL]
  • Putative consumer fraud class action against sugary Nutella spread over the standard "part of a healthy breakfast" language. [WLF; OL link roundup]
  • New York Times and Washington Post continue to lie about Citizens United; the Times editorial page is particularly bad about legal issues, refusing even to issue corrections. [Atlantic; Volokh]
  • More media bias on judicial confirmations. [Whelan]
  • Sara Wexler on the pending Brueswitz v. Wyeth Supreme Court case. [DJCLPP Sidebar]
  • My oral argument in the Ninth Circuit in the Bluetooth class action settlement case. [CCAF]
  • Japanese anime satirizes American legal system. [Siouxsie via OL]

"An Ecuadorian racket" - PointOfLaw Forum

The Washington Times wonders when the Department of Justice will start investigating the fraudulent lawsuit against Chevron. Relatedly, Patton Boggs shames itself by bringing a frivolous suit for "tortious interference" against Chevron.

Around the Web, Feb. 8 - PointOfLaw Forum


And news releases on American Electric Power v. Connecticut: 



Around the web, February 5 - PointOfLaw Forum

  • Tenth Circuit affirms exclusion of junk-science expert in unreported opinion. [Graves v. Mazda Motor Corp. via ABA Litigation News]
  • Taco Bell aggressively defends against consumer-fraud suit; Chevron files RICO suit over trial lawyer fraud. On the other hand, Illinois Central RR's battle against asbestos fraud perhaps more expensive than simply accepting victimization—but only if one doesn't consider the deterrent effect. [Bulletproof Blog; AP/law.com; WSJ Law Blog; LNL]
  • MGA Entertainment sues Mattel, alleging a strategy to "litigate MGA to death." One sympathizes, but the Supreme Court has pretty much all but ruled out antitrust liability for overaggressive litigation. [CNBC via ABAJ]
  • Dan Snyder sues Washington City Paper and its owner over negative story. But why is the Simon Wiesenthal Center getting involved? [WaPo; WaPo]
  • Chamber of Commerce recognizes that Obama executive order on outdated/burdensome regulation doesn't apply to much of the regulatory state. [WSJ ($)]
  • Racist and violent rhetoric at a political rally, but it was Common Cause, rather than the Tea Party, so don't expect mainstream media coverage. [WSJ; Jennifer Rubin]
  • Bill Childs is looking for examples of usage of historians as experts. [Torts Prof]

More fraud in Lago Agrio? - PointOfLaw Forum

Around the web, December 9 - PointOfLaw Forum

  • Toyota isn't going to be able to win its sudden acceleration litigation at the motion-to-dismiss phase. [NLJ] This means the case proceeds to tens of millions of dollars worth of discovery as plaintiffs search for documents that they can take out of context to "prove" an otherwise nonexistent problem.
  • Brooklyn lawsuit: because they offer keyless ignition, it's Toyota's fault that 79-year-old plaintiff forgot to turn off his car and died of carbon monoxide poisoning. [NYDN via ABAJ] It's almost as if Toyota should require a surcharge for elderly drivers.
  • It doesn't necessarily mean much legally if a wealthy criminal defendant appeals a criminal conviction—the cost-benefit analysis is to seek every level of appellate review possible—but Conrad Black might have a point in his en banc petition objecting to the Seventh Circuit's "harmless error" analysis. [Bashman link roundup; Earlier at POL] (Update: see now Elwood @ Volokh.)
  • More tapes the Ecuador plaintiffs don't want you to see in the Chevron case. [Am Law Daily]
  • One of the collateral tragedies of Richard Nagareda's death is that he was one of the few law professors willing to take a common-sense stand on Twombly and Iqbal. Compare the nonsense from Arthur Miller.
  • Fisherman on the Gulf Coast are doing pretty well under the BP compensation scheme. [FrumForum]
  • Speaking of the Gulf Coast, the opinion is unpublished, but the Fifth Circuit got around to affirming the rejection of a class certification in Katrina litigation against insurers. [Jackson]
  • A new blog on originalism.
  • It's behind a subscription wall, but the story is titled "Legal Activist Ted Frank Cries Conflict of Interest, Forces O'Melveny and Grant & Eisenhofer to Modify Apple Securities Class Action Deal." [Litigation Daily ($)]

Judge Kaplan, Chevron, Steven Donziger, Ecuador - PointOfLaw Forum

Randy Mastro and his fellow Gibson Dunn attorneys have put together an excellent summary of all the games, maneuvers and machinations that U.S. trial lawyer Steven Donziger has practiced in an effort to avoid depositions by Chevron.

Donziger is the New York attorney who has directed the PR/advocacy/calumny campaign against Chevron to support the $113 billion contingency-fee suit for environmental damage in Ecuador by the company's predecessor, Texaco. Last week, the Gibson Dunn attorneys filed a memorandum of law in U.S. District Court for the Southern District of New York to support Chevron's motion to compel Donziger to produce documents.

After a variety of delaying tactics and rejected motions to the Second Circuit, Donziger submitted a privilege log more than 2,000 pages long to claim he did not have to produce 8,562 documents. Judge Lewis Kaplan ordered Donziger to appear in court today with Chevron's requested documents, adding a hand-written note: ""ORDERED that this order shall not be constructed to imply that Donziger is not already in violation of a previous order that required the production forthwith of all documents responsive to the subpoena."

The Chevron memo is a good read, and we have a fuller post on the latest judicial proceedings in the litigation at Shopfloor.org. Additional news coverage:

The American Lawyer has posted six excerpts from the outtakes of lawyer Steven Donziger in the "documentary" Crude that Chevron claims demonstrates an attempt to corrupt the Ecuadorian justice process.

The (fact-gathering, non-jury) trial stage of the civil suit against Chevron in Ecuador has ended, Judge Leonardo Ordonez, president of the provincial court of Provincial Court of Sucumbíos in Lago Agrio, informed the parties in a letter last week.

The judge's announcement follows the final submission of "expert" reports to the court, including one from various supporters of the shakedown litigation that now claims as much as $113 billion in damages -- up from the mere $27.4 billion tallied in the report from the now-discredited special master. Judging by the news release from the PR outfit that represents the U.S. trial lawyers , the sum is necessary to remove all trace of civilization from the Amazonian oil patch. (Kohn, Swift & Graf is funding the litigation, Steven Donziger is orchestrating it.)

Chevron also made submissions to the court as reported in its news release, "Chevron Statement on Ecuador Court Filings":

SAN RAMON, Calif., Sep 17, 2010 (BUSINESS WIRE) -- Yesterday, Chevron Corp. (NYSE:CVX) submitted expert testimony from leading scientists to the Provincial Court of Sucumbios in Lago Agrio, Ecuador demonstrating that there is no evidentiary basis for the lawsuit against the company. Chevron also has renewed its motion for dismissal of the case because there is no evidence of liability and because there is overwhelming proof of fraud on the part of the plaintiffs' lawyers.

The news release provides a "greatest hits" account of the plaintiff team's conniving and falsehoods, devastating revelations made public through Chevron's use of 1782 motions to obtain testimony from witnesses involved in the Ecuadorian activities, including damning outtakes from the documentary, "Crude." A highly recommended summary.

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