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Chevron Moves to Dismiss in Yaiguaje
Chevron and the two Chevron affiliates also named as defendant in the Canadian action for recognition and enforcement of the Lago Agrio judgment, Chevron Canada Ltd. and Chevron Canada Finance Ltd., have moved to dismiss the case. Here are the papers: Chevron: Notice of Motion; Affidavit of Frank G. Soler Chevron Canada Finance Ltd: Notice……
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Deadline Comes and Goes in the Lago Agrio Case
On July 30, the Ecuadoran court entered an order in the Lago Agrio case. There is no translation available yet, but according to a website affiliated with the plaintiffs, ChevronToxico, the order imposed an August 6 deadline on Chevron to deposit funds necessary to remediate the oil contamination for which the Ecuadoran court found Chevron……
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Update on the Renewal of Ecuador’s Trade Preferences
I previously noted that Chevron had put some pressure on Ecuador by lobbying the US Trade Representative to report to Congress that Ecuador no longer met the eligibility criteria under the Andean Trade Preference Act, under which many Ecuadoran exports to the United States enjoy favorable duties. Chevron pointed to Ecuador’s refusal to obey the……
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Update on the Lago Agrio Case In Brazil: Free Access to Justice
Letters Blogatory’s correspondent in Brazil, Felipe Vollbrecht, has reported a minor development in the Lago Agrio plaintiffs’ action for homologation in Brazil. According to Felipe, the Superior Tribunal de Justiça has granted the plaintiffs’ request for free access to justice. Brazil does not follow the American Rule on attorney’s fees, so in general, the loser……
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Some Initial Thoughts On The Role of Materiality In Recognition and Enforcement Cases
In his recent decision denying Chevron’s motion for summary judgment, Judge Kaplan threw me for a loop by agreeing with me that the Lago Agrio plaintiffs, despite their protestations to the contrary, had pleaded that the Ecuadoran judgment had preclusive effect; finding that the judgment was “tainted” in various apparently significant respects by fraud; and……