<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	
	>
<channel>
	<title>
	Comments on: The Motions to Dismiss in Yaiguaje	</title>
	<atom:link href="https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/feed/" rel="self" type="application/rss+xml" />
	<link>https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/</link>
	<description>The Blog of International Judicial Assistance</description>
	<lastBuildDate>Tue, 21 Aug 2012 14:39:38 +0000</lastBuildDate>
	<sy:updatePeriod>
	hourly	</sy:updatePeriod>
	<sy:updateFrequency>
	1	</sy:updateFrequency>
	<generator>https://wordpress.org/?v=6.9.4</generator>
	<item>
		<title>
		By: Antonin I. Pribetic		</title>
		<link>https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/#comment-753</link>

		<dc:creator><![CDATA[Antonin I. Pribetic]]></dc:creator>
		<pubDate>Tue, 21 Aug 2012 14:39:38 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=9843#comment-753</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/#comment-752&quot;&gt;Ted Folkman&lt;/a&gt;.

Ted,

In my view, the claims against the two Canadian affiliates are wholly derivative of the claim on the judgment against Chevron itself. The issue is whether the Ecuador judgment is final and conclusive vis-a-vis the named defendants, in order for res judicata and cause of action and issue estoppel to operate. In order for the plaintiffs to recover against the two affiliates as liable for the debts of Chevron (e.g., on a reverse veil-piercing theory), the plaintiffs must establish that the two affiliates were under the complete control of Chevron Corp and/or that the two affiliates were set up to fraudulently avoid the debts and obligations of Chevron Corp. 

Antonin]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/#comment-752">Ted Folkman</a>.</p>
<p>Ted,</p>
<p>In my view, the claims against the two Canadian affiliates are wholly derivative of the claim on the judgment against Chevron itself. The issue is whether the Ecuador judgment is final and conclusive vis-a-vis the named defendants, in order for res judicata and cause of action and issue estoppel to operate. In order for the plaintiffs to recover against the two affiliates as liable for the debts of Chevron (e.g., on a reverse veil-piercing theory), the plaintiffs must establish that the two affiliates were under the complete control of Chevron Corp and/or that the two affiliates were set up to fraudulently avoid the debts and obligations of Chevron Corp. </p>
<p>Antonin</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/#comment-752</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Tue, 21 Aug 2012 13:42:55 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=9843#comment-752</guid>

					<description><![CDATA[Thanks, Antonin, for the informative guest-post. One question: are the claims against the two Canadian affiliates wholly derivative of the claim on the judgment against Chevron itself? If the plaintiffs don&#039;t need to prove that the Ecuadoran judgment is entitled to recognition and enforcement against Chevron in order to assert a claim against the two affiliates, then I understand your point about the affiliates defending on the grounds that they were not parties to the Ecuadoran proceedings. But if the plaintiffs have no claim against the two affiliates unless they first obtain recognition of the judgment against Chevron itself, then your point is less clear to me. In that case, wouldn&#039;t the plaintiffs be able to recover if they could show, under Canadian law, that the two affiliates are liable for the debts of Chevron (e.g., on a reverse veil-piercing theory), regardless whether the affiliates were parties to the Ecuadoran litigation?]]></description>
			<content:encoded><![CDATA[<p>Thanks, Antonin, for the informative guest-post. One question: are the claims against the two Canadian affiliates wholly derivative of the claim on the judgment against Chevron itself? If the plaintiffs don&#8217;t need to prove that the Ecuadoran judgment is entitled to recognition and enforcement against Chevron in order to assert a claim against the two affiliates, then I understand your point about the affiliates defending on the grounds that they were not parties to the Ecuadoran proceedings. But if the plaintiffs have no claim against the two affiliates unless they first obtain recognition of the judgment against Chevron itself, then your point is less clear to me. In that case, wouldn&#8217;t the plaintiffs be able to recover if they could show, under Canadian law, that the two affiliates are liable for the debts of Chevron (e.g., on a reverse veil-piercing theory), regardless whether the affiliates were parties to the Ecuadoran litigation?</p>
]]></content:encoded>
		
			</item>
		<item>
		<title>
		By: Guest Post at Letters Blogatory on Chevron Motions to Dismiss in Yaiguaje &#171; THE TRIAL WARRIOR BLOG		</title>
		<link>https://lettersblogatory.com/2012/08/21/pribetic-yaiguaje-motion-to-dismiss/#comment-751</link>

		<dc:creator><![CDATA[Guest Post at Letters Blogatory on Chevron Motions to Dismiss in Yaiguaje &#171; THE TRIAL WARRIOR BLOG]]></dc:creator>
		<pubDate>Tue, 21 Aug 2012 12:51:51 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=9843#comment-751</guid>

					<description><![CDATA[[...] those following the Lago Agrio-Chevron litigation, I have a short guest post over at Letters Blogatory discussing the the Motions to Dismiss in Yaiguaje. See also Ted [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] those following the Lago Agrio-Chevron litigation, I have a short guest post over at Letters Blogatory discussing the the Motions to Dismiss in Yaiguaje. See also Ted [&#8230;]</p>
]]></content:encoded>
		
			</item>
	</channel>
</rss>
