Author: Ted Folkman

  • Lago Agrio: Second Circuit Denies The Petition For Mandamus, Judge Kaplan To Remain On Case

    In a brief order, the Second Circuit today denied the petition of the Lago Agrio plaintiffs and Steven Donziger for a writ of mandamus that sought to remove Judge Kaplan from the RICO case, to vacate some of his prior orders, and to delay the start of the trial. Roger Parloff, who it seems was……

  • Lago Agrio: Brazil Update

    IJA Brigade member Rafael Salomão Romano has sent in a brief update on the status of the Lago Agrio homologation case in Brazil. Rafael previously posted about the case back in July 2012. Here’s the latest: the Superior Tribunal de Justiça had sought an opinion on the case from the Federal Public Attorney, because the……

  • Whytock on The “Chevronization” of Transnational Litigation

    Friend-of-Letters-Blogatory Chris Whytock, Professor of Law and Political Science at UC Irvine and adviser to the ALI on the Restatement (Fourth) of the Foreign Relations Law of the United States, has posted a new paper, Some Cautionary Notes on the “Chevronization” of Transnational Litigation, which is to be published in the Stanford Journal of Complex……

  • The Lago Agrio Partial Award: What Next for Chevron?

    Although Chevron’s representatives refused to confirm it to me, I expect that if the tribunal hearing the investment treaty dispute between Chevron and Ecuador ultimately decides that the Lago Agrio plaintiffs’ claims in the Ecuadoran lawsuit were barred by the release Ecuador gave to Texaco, Chevron will seek to use the ultimate arbitral award as……

  • Case of the Day: Van Damme v. Gelber

    The case of the day is Van Damme v. Gelber, 2013 ONCA 388. Thanks to friend-of-Letters-Blogatory Antonin Pribetić for bringing it to light at the Trial Warrior Blog. Nahum Gelber was a Canadian national living in Monaco. Alexandre Van Damme claimed that he had a contract with Gelber to purchase a painting Gelber owned. But……