Lago Agrio: Huaorani Case Voluntarily Dismissed

I wrote a couple of days ago about the Huaorani motion for leave to intervene in Chevron’s RICO case against Donziger and others. I should have noted that on November 28 the Huaorani filed a notice of voluntary dismissal of their claims against Donziger in the separate civil action they had brought, which I reported on in July.

Since the Huaorani seek to assert cross-claims against Donziger as intervenors, and since the motion for leave to intervene has not yet been granted, it’s not clear to me why the Huaorani agreed to a voluntary dismissal of their claims in their separate action before getting a ruling on their motion for leave to intervene. Perhaps they should have sought to intervene only to defend the validity of the Ecuadoran judgment and should have sought to consolidate their own action with the RICO case. But these are just procedural niceties—assuming the motion for leave to intervene will be granted, it amounts to the same thing in the end.

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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