Chevron Wins A Round In U.S. Suit - Ecuador Case

Posted by Joseph R. Fonseca
Friday, April 25, 2014
Chevron

 

A federal judge on Friday rejected a bid by a U.S. lawyer to stall the enforcement of a ruling that found he used fraud to secure a $9.5 billion pollution judgment against Chevron Corp in Ecuador.

Lawyer Steven Donziger is appealing a 500-page decision issued by U.S. District Judge Lewis Kaplan in March that barred him from collecting on a $9.5 billion judgment against Chevron in the United States.

Chevron filed a lawsuit against Donziger in New York, claiming he used bribery and fake evidence to win the historic damage award for a group of villagers who claimed the oil giant polluted an area of north eastern Ecuador.

An Ecuadorean judge had awarded the villagers $18 billion in 2011 but the country's high court later cut the judgment in half.

Kaplan ruled Donziger had bribed a former judge to ghost-write the Ecuadorean judgment and committed other improprieties, finding him liable for fraud and racketeering.

Donziger had asked Kaplan to put the decision on hold while a federal appeals court considers the merits of his challenge, a process that will likely take months to resolve.

But in Friday's order, Kaplan said Donziger's arguments for a stay were largely "without merit."

Donziger's "claims of irreparable injury rest on a pastiche of unsupported assertions, contradictions of undisputed evidence and fertile imagination," Kaplan's opinion said.

Kaplan did grant Donziger narrow relief on one point.

He allowed that the shares Donziger holds in a company called Amazonia, organized to collect and distribute any proceeds of Ecuadorean judgment, will be held by the court - not Chevron - pending the final outcome of the appeal.

Chevron spokesman Morgan Crinklaw called the attorney's motion to stay "yet another attempt to delay and distract from the unrebutted evidence against him" and said the company was confident it would win in the appeals court.

Donziger's attorney said he had no comment.

The long-running case centers on an oil field in the Amazon jungle, known as Lago Agrio, where Texaco operated from 1964 to 1992. Chevron later acquired Texaco.

Chevron asserts that Texaco cleaned up the site before handing it over to a state-controlled company but the villagers say they are still suffering from the legacy of environmental contamination.

Donziger has repeatedly accused Kaplan of bias and claimed the judge allowed personal animosity to cloud his decision. He denies the bribery and fraud allegations.

The New York ruling does not restrict the villagers from trying to seek enforcement of the Ecuadorean judgment outside the United States.

A Canadian court ruled in December that Ontario was a proper jurisdiction for the Ecuadorean plaintiffs to press Chevron to pay up and the country's Supreme Courtearlier this month agreed to hear the company's appeal of that ruling.

The Ecuadoreans are also pursuing cases in Argentina and Brazil in the hopes of one day seeing a payout from the case.

The case is Chevron Corp v. Steven Donziger et al, U.S. District Court for the Southern District of New York, No. 11-0691.

(Additional reporting by Nate Raymond and Joseph Ax; Editing by David Gregorio)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Statoil’s 50 years to be Recorded

Statoil has decided to launch a large project to write the story about the company for its 50th anniversary in 2022. The University of Oslo has been chosen the

MISC Publishes its 2015 Sustainability Report

MISC Berhad (MISC) today announces the publication of its 2015 Sustainability Report, covering the Company’s commitment, strategy and performance for the year ended

Vandermeiren is CEO, Antwerp Port

Jacques Vandermeiren (52) has been appointed CEO of Antwerp Port Authority as of 1 January 2017. He succeeds Eddy Bruyninckx who after 25 years at the head of the

Finance

VEB Guarantees $3 Bln of Yamal LNG Debt

Russian development bank VEB said on Friday it had provided a guarantee for $3 billion of debt to the Yamal liquefied natural gas (LNG) project, led by Russian gas firm Novatek.

US Oil Drillers Cut Rigs after 3 Weeks of Additions

U.S. oil drillers cut rigs this week for a 20th week this year after three weeks of additions, according to a closely followed report on Friday, as crude prices

World Stocks Tumble as Britain Votes for EU Exit

Global capital markets reeled on Friday after Britain voted to leave the European Union, with $2 trillion in value wiped from equity bourses worldwide, while money

Energy

VEB Guarantees $3 Bln of Yamal LNG Debt

Russian development bank VEB said on Friday it had provided a guarantee for $3 billion of debt to the Yamal liquefied natural gas (LNG) project, led by Russian gas firm Novatek.

US Oil Drillers Cut Rigs after 3 Weeks of Additions

U.S. oil drillers cut rigs this week for a 20th week this year after three weeks of additions, according to a closely followed report on Friday, as crude prices

World Stocks Tumble as Britain Votes for EU Exit

Global capital markets reeled on Friday after Britain voted to leave the European Union, with $2 trillion in value wiped from equity bourses worldwide, while money

News

Denmark Adopts Digital Ship Certification

As of June 24, 2016, ships flying the Danish flag are being digitally certified, making Denmark one of the first countries to put an end to the 100-year-old tradition

Conrad Shipyard Forms LNG Business Unit

Conrad Shipyard has formed a new business unit focused on LNG projects.   Conrad, builder of North America’s first LNG bunker barge scheduled for 2017 delivery,

Prince Charles Places Final Section of UK Aircraft Carrier

The second of the largest warships ever built for the U.K. Royal Navy, the Queen Elizabeth Class carrier HMS Prince of Wales, was given the royal seal of approval when HRH The Prince of Wales,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Naval Architecture Navigation Offshore Oil Pipelines Pod Propulsion Ship Simulators Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1199 sec (8 req/sec)