Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Ecuador

Lago Agrio: Update and Correction

Posted on July 11, 2019

A correction to my last post on the Lago Agrio case. An alert reader noted that there is still an enforcement proceeding pending in Argentina’s Supreme Court. In late 2017, I reported on the first-instance decision in Argentina, and although I didn’t cover it, in July 2018 Chevron published an English translation of the appellate decision affirming the lower court’s decision. I cannot find a reference online to the proceeding in the Argentine Supreme Court, but assuming the reader’s account is correct, then it is not right to say that the Lago Agrio case is wholly over. Hope springs eternal in the human breast. A few more observations about the latest development in Canada:

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Lago Agrio Case Comes To An End (For Now?)

Posted on July 9, 2019

Update: I made a correction to this story, relating to the pendency of an enforcement case in the Argentine Supreme Court. The Lago Agrio plaintiffs have consented to dismissal of their action in Ontario for the recognition and enforcement of the Ecuadorian judgment. Their consent came in the face of Chevron’s motion to dismiss. Because the Ontario action was, as far as I know, the only case still pending anywhere in the world seeking recognition and enforcement of the Ecuadorian judgment, I think it is fair to say that this is the end of the Lago Agrio case.

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Case of the Day: Santos v. LATAM Airlines

Posted on April 22, 2019

The case of the day is Santos v. LATAM Airlines Group S.A. (SDNY 2019). Yolanda Delia Arias Santos, an Ecuadoran, was flying from New York to Guyaquil, Ecuador on LATAM, a Chilean airline. she claimed that on the flight, a flight attendant spilled boiling tea on her. She sued in New York. LATAM moved to dismiss the case on forum non conveniens grounds, arguing that the plaintiff, almost all the witnesses, and the evidence were in Ecuador and that Ecuador was an adequate and more convenient forum.

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