Comments on: Lago Agrio: Donziger Cert. Petition Goes Nowhere https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/ The Blog of International Judicial Assistance Thu, 24 Feb 2022 14:32:44 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/#comment-3620 Thu, 24 Feb 2022 14:32:44 +0000 https://lettersblogatory.com/?p=30711#comment-3620 In reply to Philipp Fölsing.

Philipp, it’s possible, but I really do not know whether Donziger World pays attention to my blog. I suppose the clerk’s office would have explained to Prof. Nesson that it was refusing to file the petition.

]]> By: Philipp Fölsing https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/#comment-3619 Thu, 24 Feb 2022 09:03:07 +0000 https://lettersblogatory.com/?p=30711#comment-3619 In reply to Ted Folkman.

Ted, I also did not search for “Donzinger”. Just like you I was wondering why the case did not appear on the Supreme Court docket. Finally I tried the search term “Grievance Committee”. The motion (7 February) must be a reaction to your post (6 February), or what do you think? All the best from Hamburg, Philipp

]]> By: Ted Folkman https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/#comment-3618 Thu, 24 Feb 2022 00:26:54 +0000 https://lettersblogatory.com/?p=30711#comment-3618 In reply to Philipp Fölsing.

Philipp, that’s a great catch! I was unaware of this filing, since I didn’t know to search for “Donzinger.”

I will put up a post about this, because I cannot not pay attention. But the short answer is that the Court has lots of powers to deal with cases in an extraordinary way, which it rarely exercises.

]]> By: Philipp Fölsing https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/#comment-3617 Wed, 23 Feb 2022 17:55:23 +0000 https://lettersblogatory.com/?p=30711#comment-3617 Hello, Mr. Folkman, I hope you are well. You were right that the petition was filed out of time. On February 7th Mr. Donziger filed a motion with the Supreme Court to direct the clerk to file a petition for a writ of certiorari out of time, probably as a reaction to your post. Professor Nesson wrote in the motion: “Though I checked the rules when I began representing Mr. Donziger in his disbarment, I did not become aware of the Court’s return from the extraordinary measures it took in response to the pandemic until after the petition was submitted and served.” The motion is distributed for the conference of March 4th. The docket no. is 21M87. Somehow the Supreme Court got the name wrong, the petition is docketed under the name of Donzinger. I am curious, though: Can US courts simply disregard missed deadlines? German courts tend to be more strict.

When do you think the Second Circuit is going to decide on the contempt matter?

All the best from Hamburg, Yours sincerely Philipp Fölsing

]]> By: Ted Folkman https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/#comment-3616 Mon, 21 Feb 2022 18:08:39 +0000 https://lettersblogatory.com/?p=30711#comment-3616 In reply to Marian Dent.

Thanks Marian!

]]> By: Marian Dent https://lettersblogatory.com/2022/02/21/lago-agrio-donziger-cert-petition-goes-nowhere/#comment-3615 Mon, 21 Feb 2022 14:02:15 +0000 https://lettersblogatory.com/?p=30711#comment-3615 Thank you for bringing attention to this case, Ted.

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