By now you must have read, seen or heard about the $18 billion verdict handed down against Chevron by an Ecuadorian Court. Since the verdict in Ecuador , Chevron has gone on the offensive , bringing their fight in front of a sympathetic Judge Lewis A. Kaplan in the Federal District Court in Manhattan. Judge Kaplan is hearing the racketeering suit filed against plaintiff's counsel and has preliminarily enjoined enforcement of the judgment against Chevron in the U.S. Motions are presently pending seeking Judge Kaplan's recusal.
Why a U.S. Court is getting involved in this fight is beyond me ? Playing world's policeman again, I guess. What makes Judge Kaplan's involvement even more glaring and more meddlesome is the fact that nine years ago Judge Rakoff of the same Court dismissed the underlying environmental plenary action against Chevron filed in New York on " forum non conveniens grounds ". That dismissal effectively forced plaintiffs to seek redress(which the did) in the Ecuadorian Courts. Now the case is back...Did someone say boomerang ?
Going to be fascinating to see how the Court of Appeals for the Second Circuit in New York perceives and views Judge Kaplan's involvement nine years after the same Court dismissed the underlying case.
As usual I will keep you posted.
This has been another segment of "Goldman Opinions"!
Showing posts with label Chevron. Show all posts
Showing posts with label Chevron. Show all posts
Tuesday, May 3, 2011
Friday, March 11, 2011
Chevron Case in Ecuador; Judge Kaplan's Injunction Calls into question the "Due Process(or lack thereof) " in Ecuador.
So Judge Kaplan in U.S. District has done it again. He has granted Chevron's application for a preliminary injunction which effectively enjoins the plaintiff's from enforcing their multi-billion dollar judgment obtained in Ecuador. The judge went on to say his ruling is based upon a showing by Chevron , "that it is likely to win on it's claim that Ecuador does not provide impartial tribunals and due process. And there are at least serious questions going to to the merits of the claim that the judgment was procured by fraud."
Wow ! That's a mouthfull. Judge Kaplan has basically said, if we are asked , we will look at foreign tribunals to make a determination if "our American corporate 100 defendants " were screwed. Court's are extremely hesitant in reviewing the merits of judgments in " sister states"; Now, Judge Kaplan is venturing into very sensitive territory. So, if the injunction is upheld on appeal, will any large American company that is sued in another country be able to attack the underlying judgment at home?
Your comments.
By the way, the injunction is conditioned upon Chevron posting a bond(presumably multi-billion ) by March 15th. Let's wait and see.
Wow ! That's a mouthfull. Judge Kaplan has basically said, if we are asked , we will look at foreign tribunals to make a determination if "our American corporate 100 defendants " were screwed. Court's are extremely hesitant in reviewing the merits of judgments in " sister states"; Now, Judge Kaplan is venturing into very sensitive territory. So, if the injunction is upheld on appeal, will any large American company that is sued in another country be able to attack the underlying judgment at home?
Your comments.
By the way, the injunction is conditioned upon Chevron posting a bond(presumably multi-billion ) by March 15th. Let's wait and see.
Wednesday, February 23, 2011
U.S. Courts should bud out of Chevron Case in Ecuador.
Are our Courts the " world's policemen ", yes or no ? First , the Second Circuit says cases under The Alien Tort Act cannot be brought in U.S. Courts.....Big mistake!
Then before you can say "let's interfere " Judge Kaplan is getting involved in the Ecuadorian case[Chevron Matter] directing discovery and now I understand enjoining and restraining any efforts or attempts to enter judgment against Chevron in the U.S. and/or to enforce any judgments arising from the pollution case in Ecuador here.
Give me a break! ...Chevron pollutes a Country for 26 years, gets sued in Ecuador, is found liable by an Ecuadorian Court to the tune of $8 billion and now Judge Kaplan wants to be involved.
What a travesty?
Your thoughts?
Then before you can say "let's interfere " Judge Kaplan is getting involved in the Ecuadorian case[Chevron Matter] directing discovery and now I understand enjoining and restraining any efforts or attempts to enter judgment against Chevron in the U.S. and/or to enforce any judgments arising from the pollution case in Ecuador here.
Give me a break! ...Chevron pollutes a Country for 26 years, gets sued in Ecuador, is found liable by an Ecuadorian Court to the tune of $8 billion and now Judge Kaplan wants to be involved.
What a travesty?
Your thoughts?
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