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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 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……
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Update on Naranjo in the Supreme Court
Here is a brief update on Chevron’s petition for a writ of certiorari. SCOTUSBlog has noted Chevron’s petition as one of its petitions of the day. The Briefs Chevron filed its petition on May 25. There are three pending motions for leave to file briefs as amici curiae on behalf of Chevron by: [unordered_list style=”green-dot”]……
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Breaking: A Close Call For The Lago Agrio Plaintiffs As Judge Kaplan Denies Chevron’s Motion for Partial Summary Judgment
There was little question that Judge Kaplan’s decision on Chevron’s motion for partial summary judgment would have unhappy things to say about the Lago Agrio plaintiffs. Judge Kaplan’s decision lives up to expectations, taking the Lago Agrio plaintiffs to task in just about every way. But somewhat to my surprise, Judge Kaplan denied Chevron’s motion,……