Comments on: Lago Agrio: Kimerling’s Case Dismissed https://lettersblogatory.com/2015/06/30/lago-agrio-kimerlings-case-dismissed/ The Blog of International Judicial Assistance Sun, 24 Nov 2024 02:54:18 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2015/06/30/lago-agrio-kimerlings-case-dismissed/#comment-2237 Tue, 30 Jun 2015 12:43:29 +0000 https://lettersblogatory.com/?p=20840#comment-2237 In reply to Lynne Spangenberg.

Lynne, thanks for the comment. I’m not sure I agree. It’s not just a dispute among Ecuadorans. Donziger also is a defendant, just as Texaco was a defendant in Aguinda. In any case, the bigger issue seems to me to be whether it is wise for folks who want someday to benefit from the Lago Agrio judgment to call the integrity of the Ecuadoran proceedings into question, as Kimerling has done.

]]> By: Lynne Spangenberg https://lettersblogatory.com/2015/06/30/lago-agrio-kimerlings-case-dismissed/#comment-2236 Tue, 30 Jun 2015 12:34:12 +0000 https://lettersblogatory.com/?p=20840#comment-2236 Of course, unlike the original US case, Aguinda, Kimerling’s case has everything to do with Ecuador, as the state appellate court points out: dispute among Ecuadorians over a judgment issued, and affirmed by, the Courts of Ecuador. Also, Chevron has declared repeatedly that it will never pay the judgment in any event, and sadly, is spending millions in legal fees monthly to achieve that end rather than to remediate the pollution proved in the underlying Lago Agrio action, no evidence of which was allowed by Judge Kaplan in the RICO case.

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