Letters Blogatory

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

Posts tagged “Lago Agrio

Lago Agrio: Second Circuit Affirms Donziger’s Pretrial Conditions of Release

Posted on March 30, 2021

In a non-precedential decision, the Second Circuit has affirmed the district court’s order denying Steven Donziger’s motion for relief from the conditions of his pretrial release, which has amounted to home confinement (with exceptions) while he awaits trial in May on the charges of criminal contempt. If you want to read bombastic takes on the decision, you can check out Twitter, where Donziger’s lawyer is quoted as calling the case “a major stain on the U.S. federal judiciary,” and Donziger itself accuses Judge Preska of being “a leader of the Chevron-funded Federalist Society.” My non-bombastic (I hope!) take is that Donziger had a good point in arguing that since the government has decided to seek only six months’ imprisonment or less if Donziger is…

+Read more

I Predict a Donziger Victory

Posted on September 18, 2020

Victories have been few and far between for Steven Donziger, and (for reasons I’ve given) probably rightly so. But there is one aspect of the civil contempt finding against Donziger that I’ve previously written was probably wrong. Donziger appealed from that aspect of the contempt finding and argued the appeal pro se this week, and I think he’s right about it. The issue is whether Judge Kaplan, who issued an injunction and letter clarified it, prohibited Donziger from receiving pay from interests in the Lago Agrio judgment that he helped his clients to sell in order to finance their litigation. As I read the record, Judge Kaplan construed his own injunction in such a way that I think Donizger reasonably understood that he could…

+Read more