Letters Blogatory

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

Posts tagged “Lago Agrio

Lago Agrio: Argentine Supreme Court Rejects LAP Appeal

Posted on August 3, 2020

The Argentine Supreme Court has rejected, apparently without a written decision, the appeal of the Lago Agrio plaintiffs from the lower courts’ refusal to recognize the Ecuadoran judgment. I am not aware of any other enforcement proceedings pending anywhere else in the world, so it could be that this really is the end of the Lago Agrio plaintiffs’ case. But it would hardly be wise to make a firm prediction!

+Read more

Lago Agrio: Donziger Referee Recommends Reinstatement

Posted on March 2, 2020

The latest twist in the saga of Steven Donziger is a major win for the embattled lawyer for the Lago Agrio plaintiffs. A referee has recommended that he be reinstated to the practice of law. I had previously written that I didn’t want to write about the case anymore because I find it too depressing. Well, this new development is important enough that I am going to write about it, but writing about it and explaining my view requires me to explain just why I am depressed by the way the case turned out.

+Read more

Case of the Day: Chevron v. Donziger

Posted on February 18, 2020

Okay, I admit it, I cannot write about most of what is going on in the Lago Agrio case anymore—it is too depressing. However, there was an interesting ancillary decision recently that I will cover. The case is Chevron Corp. v. Donziger (S.D.N.Y. 2020), and it involves post-judgment third party discovery. Chevron served a subpoena on Patricio Salazar Cordova, an Ecuadoran lawyer, while he was visiting New York City. A persn can be validly served with a subpoena anywhere in the jurisdiction of the United States. But ordinarily under FRCP 45 a subpoena cannot require the recipient to appear or to produce documents more than 100 miles from where he resides, is employed, or regularly transacts business in person. Everyone agreed that Salazar did…

+Read more