With apologies to those of you who are not Chevronologists and who just want to read a good ol’ fashioned § 1782 case, I’d like to say just a bit more about the corporate separateness issue, in light of the LAPs’ brief, which became available to me just recently. The LAPs do want to get at Chevron Canada’s assets, and I think that nothing in their brief really changes the views I expressed on that point in my prior post.
Continue reading One Last Post On The Lago Agrio Canadian Proceedings (For Now)
I’d like to do a little more analysis of the ongoing hearing in Canada on the Lago Agrio judgment, since in the absence of a transcript of yesterday’s hearing on Chevron’s motion for summary judgment I don’t have any hard news to report.
As I suggested yesterday, I think that the LAPs’ view is that even if Chevron succeeds in showing that the Canadian subsidiary is entitled to summary judgment (because it is not answerable for the debts of the parent), they should still be entitled to recognition of the Ecuadoran judgment. And I have reason to think that if they obtain recognition, their next move would be to seek to enforce the judgment in other jurisdictions. Let’s take this idea out for a spin.
Continue reading Lago Agrio: International Judgment Arbitrage?
Amazon Watch issued a press release yesterday that said that we were “less than a week before a trial is scheduled to begin in Toronto to seize Chevron’s assets in Canada to force the company to comply with its liability to remediate what many call the ‘Amazon Chernobyl’ in Ecuador.” Exciting! Unfortunately, though, not quite accurate. There is a hearing next week in Toronto on Chevron’s motion for summary judgment on the corporate law issues, and on the LAPs’ motion to strike Chevron’s statement of defense. Here is Chevron’s brief on the corporate law issue. The LAPs’ brief on that issue is not yet publicly available, but based on Chevron’s brief we can at least preview the issues. Here also is the LAPs’ brief and their reply on the motion to strike. I don’t have Chevron’s brief on that issue.
Continue reading Lago Agrio: Summary Judgment Hearing In Canada (With a Reader Poll!)