Tag Archives: 1782

Case of the Day: Chevron v. Snaider

The case of the day is Chevron Corp. v. Snaider (D. Colo. 2015). I haven’t written about a Lago Agrio-related case in a while. It’s good to be back! Chevron, after applying under § 1782, obtained leave to serve a subpoena on Andres Snaider. Snaider, an Ecuadoran national living in Connecticut, was the founder of Nextant, LLC, a consultancy, and he was a classmate of Steven Donziger and James Russell DeLeon at Harvard Law School in the 1980s. Snaider and Donziger had originally approached DeLeon, who controlled Torvia Ltd., seking an investment in a documentary about the environmental damage in the Amazon—presumably the film that became Crude. According to Chevron, DeLeon ultimately invested more than $3 million in the Lago Agrio litigation, and Snaider was alleged to be involved in structuring the investment and reviewing the Torvia funding agreement. Chevron brought a § 1782 application, seeking evidence from Snaider for use in its action in Gibraltar against DeLeon and Torvia as well as for use in the actions in Argentina and Brazil to enforce the Ecuadoran judgment. After the subpoena issued, Snaider moved to quash.
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In re Application of Kegel

The case is In re Application of Kegel (D.N.D. 2014). Adam Kegel was the plaintiff in a class action pending in Montreal, Kegel v. National Bank of Canada. He made an application to the district court in North Dakota under § 1782 for a subpoena to Joseph Kostelecky. The court granted the application, and Kegel apparently obtained the evidence he sought from Kostelecky. Kegel then sought an order declaring that nothing in the court’s prior order or US law would prohibit him from using the evidence in another Canadian case, Goldsmith v. National Bank of Canada, which was an Ontario case that paralleled the Québec case.
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