Comments on: Lago Agrio: Court Holds Donziger Liable For More Than $800,000 In Costs

By: Lago Agrio: Gibraltar and Other Updates | Letters Blogatory

Lago Agrio: Gibraltar and Other Updates | Letters Blogatory — Fri, 15 Nov 2024 14:37:05 +0000

[…] In addition, the judge has compelled Donziger to respond to discovery in connection with the $800,000 judgment against him for costs. This specifically includes a […]

By: Lago Agrio: Chevron Seeks Default Judgments | Letters Blogatory | Letters Blogatory

Wed, 11 Apr 2018 10:01:17 +0000

[…] of default judgment against those LAPs. It intends at least to seek to hold them liable for the costs Chevron has already been awarded against Donziger. It may have other purposes in mind, too, though […]

By: Ted Folkman

Ted Folkman — Wed, 07 Mar 2018 03:44:11 +0000

In reply to Peter Lynn.

Thanks, Peter, for the comment. I share your questions on point (1) and have written before that I think a party in Chevron’s position assumed the risk and should not be able to claim that the foreign courts it insisted on using do not afford due process; on the other hand, in its stipulation, Chevron expressly reserved the right to assert the grounds for non-recognition included in US law, which include denials of due process etc. But I agree with you that this is an important and difficult issue.

I also have given my reasons for disbelieving Judge Guerra’s testimony, but I do not think you or I am in a position to say that the finder of fact was wrong to credit his testimony, particularly because Donziger did not appeal from the findings of fact. And anyway, the ghostwriting business is not the whole of the fraud case: there is no question in my mind about the Cabrera fraud.

I think you have answered your own third question. It’s true the costs of the master were very high. Perhaps if Donziger had made more fulsome financial disclosures the judge might have refused to impose the costs on him, but the judge concluded that Donziger had not been forthcoming about his financial means and backing. Again, perhaps we will see an appeal, but I don’t think I am in a position to say the judge was wrong on this.

By: Peter Lynn

Peter Lynn — Tue, 06 Mar 2018 15:04:00 +0000

This case is certainly not doing much to improve the image of the legal system, which is quite often seen as a bit of a game in which the side with the most expensive lawyers will win through gamesmanship and underhand tactics. I mean no offence by that, and believe most lawyers (yourself certainly included) to be ethical, and that a lot of the perception described is down to a lack of understanding amongst us non lawyers. As a non lawyer I know there is much I don’t understand, so in following this case I have tried to learn, but am left mightily puzzled on at least three major issues: –

– How it is Chevron were able to argue that Ecuador provided an adequate forum for the purposes of Form non Conveniens, yet totally inadequate for the purposes of recognition

– How could evidence given by Guerra help Chevron despite the character of the man and the fact he was well coached and well rewarded

And now

– Chevron avoided a trial by jury precisely because they dropped monetary claims, so how is it that they are now able to come back for the money?

Ok, on the last point I do understand that out of pocket costs are different to claims, but the amount in question is extortionate. A claim of just $20 would have been enough to entitle Donziger to a jury, yet Judge Kaplan is apparently able to determine alone that he is obliged to pay 85% of a $900,000 bill.