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Minding The Gap
Cassandra Burke Robertson is Associate Professor at Case Western Reserve University School of Law. The Lago Agrio case may be the most salient case to illustrate the doctrinal gap between the doctrines of forum non conveniens and judgment enforcement, but it is part of a growing trend of “American lawyers outsmarting themselves” by seeking dismissal……
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Symposium: Forum Non Conveniens And Recognition and Enforcement of Foreign Judgments
I am very pleased to welcome readers to the first ever Letters Blogatory symposium! I got the idea from the folks at Opinio Juris, who do such things regularly and well. The topic of our mini-symposium is the relationship between the doctrine of forum non conveniens and the defenses that a judgment debtor can offer……
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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……