Tag Archives: Ecuador

Lago Agrio Comes to Boston

I played hooky yesterday afternoon and attended two events at Harvard that, as far as I know, were scheduled on the same day purely by coincidence. First was a talk by Steven Donziger at the Harvard Law School Human Rights Program. The second was a talk by Ecuador’s president, Rafael Correa, at the Kennedy School’s Institute of Politics.
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A First Look at the Donziger Decision

Many readers will already have read about Judge Kaplan’s findings of fact and conclusions of law, which found that Steven Donziger and the Lago Agrio plaintiffs violated the RICO statute and enjoined them from benefiting from the Ecuadoran judgment or from seeking recognition of it in the United States. Yesterday was quite clearly a big day for Chevron and a crushing, though not unexpected, defeat for Donziger.
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Case of the Day: Republic of Ecuador v. MacKay

The case of the day is Republic of Ecuador v. MacKay (9th Cir. 2014). I am not going to write much about this case, because it is essentially the same as Republic of Ecuador v. Bjorkman (10th Cir. 2013) and Republic of Ecuador v. Hinchee (11th Cir. 2013). In all three § 1782 cases, the courts have now held that the 2010 amendments to FRCP 26(b)(3) do not give work product protection to a testifying expert’s materials.