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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,……
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Update on Chevron’s Motion for Partial Summary Judgment
As I noted in a previous post, the Lago Agrio plaintiffs had pleaded—or at least it seemed they had pleaded—res judicata as an affirmative defense to Chevron’s RICO claims, arguing that the Ecuadoran judgment should have preclusive effect and should bar relitigation of Chevron’s claims of fraud. When Chevron sought partial summary judgment on the……
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Case of the Day: Markin v. Grohmann
The case of the day is Markin v. Grohmann (Idaho 2012). In 1997, Thomas Grohmann sued Ron Markin on a promissory note Markin had given Grohmann in 1988 connection with a half-million dollar business loan. The suit was in the Central District of California. The parties settled the suit, and their settlement agreement provided that……