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A First Look at the Donziger Decision
Many readers will already have read about Judge Kaplan’s findings of fact and conclusions of law, which found that Steven Donziger and the Lago Agrio plaintiffs violated the RICO statute and enjoined them from benefiting from the Ecuadoran judgment or from seeking recognition of it in the United States. Yesterday was quite clearly a big……
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Case of the Day: Republic of Ecuador v. MacKay
The case of the day is Republic of Ecuador v. MacKay (9th Cir. 2014). I am not going to write much about this case, because it is essentially the same as Republic of Ecuador v. Bjorkman (10th Cir. 2013) and Republic of Ecuador v. Hinchee (11th Cir. 2013). In all three § 1782 cases, the……
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Lago Agrio: Standing to Seek an Injunction under RICO
Here is some news that partisans of the Lago Agrio plaintiffs have gleefully passed along to me. The Courthouse News Service is reporting that lawyers with Gibson Dunn, Chevron’s law firm, will be arguing, in an unrelated case in the Second Circuit that will be heard tomorrow, that private parties lack standing to seek injunctive……
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Lago Agrio: Chevron on Standing
Chevron has filed its opposition to Steven Donziger’s motion to dismiss for lack of subject-matter jurisdiction. It’s a creditable brief—it lacks the pizzaz of the Donziger brief covered in the prior post, but it’s well done. Let’s focus on what Chevron says about the harm it is seeking to remedy.
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Lago Agrio: More Details On Lobbying and Trade Pressure
The wheels of the FOIA office at the State Department turn slowly, but they do turn. I recently received the latest batch of documents, these from the Office of the Legal Adviser. These new documents, which relate to my Freedom of Information Act case against the State Department seeking information about lobbying relating to the……