Comments on: Lago Agrio: Zambrano Strikes Back https://lettersblogatory.com/2013/04/08/lago-agrio-zambrano-strikes-back/ The Blog of International Judicial Assistance Fri, 17 May 2013 17:30:34 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: The Zambrano Deposition: Failure To Launch | Letters Blogatory https://lettersblogatory.com/2013/04/08/lago-agrio-zambrano-strikes-back/#comment-1257 Fri, 17 May 2013 17:30:34 +0000 http://lettersblogatory.com/?p=13605#comment-1257 […] in Peru where he was scheduled to testify. Recall that theLago Agrio plaintiffs had submitted a declaration from Judge Zambrano rebutting the claims of corruption made by Judge Alberto Guerra Bastidas in a declaration that […]

]]> By: Ted Folkman https://lettersblogatory.com/2013/04/08/lago-agrio-zambrano-strikes-back/#comment-1256 Thu, 11 Apr 2013 12:11:28 +0000 http://lettersblogatory.com/?p=13605#comment-1256 In reply to Max Kennerly.

I think that in light of the dynamics between Judge Kaplan and the Second Circuit, he is unlikely to grant summary judgment. Why give the Circuit a de novo review?

]]> By: Max Kennerly https://lettersblogatory.com/2013/04/08/lago-agrio-zambrano-strikes-back/#comment-1255 Thu, 11 Apr 2013 11:37:50 +0000 http://lettersblogatory.com/?p=13605#comment-1255 As a general matter, I’d agree a trial on the merits would be warranted, but that’s not how federal courts work these days. Federal courts routinely grant summary judgment against plaintiffs alleging fraud when they are unable to muster evidence beyond an uncorroborated witness, holding that the proof cannot possibly be ‘clear and convincing,’ as required by many state’s fraud precedent.

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