Update on the Lago Agrio Case In Brazil: Free Access to Justice

Letters Blogatory’s correspondent in Brazil, Felipe Vollbrecht, has reported a minor development in the Lago Agrio plaintiffs’ action for homologation in Brazil. 1 According to Felipe, the Superior Tribunal de Justiça has granted the plaintiffs’ request for free access to justice. Brazil does not follow the American Rule on attorney’s fees, so in general, the loser pays the winner’s fees. But where a party requests the benefit of free access to justice and the court grants the request, the party is not liable for its opponent’s fees even if it loses.

Notes:

  1. I hope to have a post up soon about the procedure in Brazil, including what “homologation” is. It was new to me!

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2d ed. 2016), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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