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Unintended Consequences In The Lago Agrio Case
Keeping up their efforts to get Chevron’s shareholders to pressure management, the Lago Agrio plaintiffs have publicized a report by Simon Billenness, a consultant who “advises shareholders and fiduciaries on how to use the capital markets to protect their investments from potential environmental, social and legal risks.” The report was commissioned by Oil Change International,……
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Judge Kaplan Dismisses Some Claims Against Donziger
Judge Kaplan issued two decisions in Chevron’s RICO action against Steven Donziger yesterday, and predictably, both sides found a way to spin the decisions as a success. Recall that the gist of the claim is that Donziger and others orchestrated a scheme to extort money from Chevron by bringing a baseless lawsuit in Ecuador, creating……
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Case of the Day: Sung Hwan Co. v. Rite Aid Corp.
The case of the day is Sung Hwan Co. v. Rite Aid Corp. (N.Y. App. Div. 2012). The opinion is cryptic and tantalizing—I’ll do my best to decipher it. It seems that Sung Hwan claimed that Rite Aid had “owned [an] ice cream plant that manufactured and sold listeria-tainted ice cream to” Sung Hwan, and……
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Case of the Day: Presley v. N.V. Masureel Veredeling
The case of the day is Presley v. N.V. Masureel Veredeling (Tex. Ct. App. 2012). Marina Presley was the president of Sudaglass Fiber Co. She and Sudaglass entered into a joint venture agreement with Masureel, a Belgian company in the business of yarns and fabrics finishing. The aim of the joint venture was to sell……
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Case of the Day: Everplay Installation v. Guindon
The case of the day is Everplay Installation, Inc. v. Guindon (10th Cir. 2012). Rolf Huber and Roger J. Guindon had incorporated Everplay in 1993. The articles of incorporation contained an arbitration agreement. After a dispute arose, Everplay and Huber initiated an arbitration against Guindon, which resulted in a 1998 interim award enjoining Guindon from……