Chevron Corp.. v. Donziger, 11 Civ. 0691(LAK).
Decision Date | 07 March 2011 |
Docket Number | No. 11 Civ. 0691(LAK).,11 Civ. 0691(LAK). |
Citation | 768 F.Supp.2d 581 |
Parties | CHEVRON CORPORATION, Plaintiff,v.Steven DONZIGER et al., Defendants. |
Court | U.S. District Court — Southern District of New York |
OPINION TEXT STARTS HERE
Randy M. Mastro, Andrea E. Neuman, Scott A. Edelman, Kristen L. Hendricks, William E. Thompson, Gibson, Dunn & Crutcher, LLP, for Plaintiff.Julio C. Gomez, Julio C. Gomez, Attorney at Law LLC, for Defendants Hugo Gerardo Camacho Naranjo and Javier Piaguaje Payaguaje.Gordon Mehler, Law Offices of Gordon Mehler, P.L.L.C., for Defendants Stratus Consulting, Inc., Douglas Beltman, and Ann Maest.Steven R. Donziger Defendant Pro Se.John W. Keker (pro hac vice pending), Elliot R. Peters, Keker & Van Nest, LLP, for Defendant Donziger.
A provincial court in Ecuador has entered a multibillion dollar judgment against Chevron Corporation (“Chevron”) in an action brought by indigenous peoples in the Amazonian rain forest (the “Lago Agrio Plaintiffs” or “LAPs”).1 The gravamen of their case is alleged pollution of the rain forest in years ending in 1992 by Texaco, Inc. (“Texaco”), the stock of which Chevron acquired at the end of 2001.2
This claim originated in the United States. Three American lawyers began the original litigation in this Court many years ago.3 After the New York suit was dismissed in 2001 on forum non conveniens grounds, they brought a successor lawsuit on a different legal theory (the “Lago Agrio” case) in Ecuador. The judgment at issue here was entered in that case.
The LAPs' attorneys and other representatives have stated that they intend to seek to collect on that judgment in multiple jurisdictions around the world, including by ex parte attachments, asset seizures, and other means, as promptly as possible, starting before completion of the Ecuadorian appellate process. 4 The purpose of such multiplicitous and burdensome proceedings against a company like Chevron, which would be good for the money if the judgment ultimately stands up, is plain. By their own admissions, it is to exert pressure on Chevron by means of this litigation strategy to force a quick and richer settlement.
Chevron contends that the judgment is not enforceable outside Ecuador because (1) the Ecuadorian legal system does not provide impartial tribunals or procedures compatible with the requirements of due process of law, and (2) it was obtained by fraud led in major degree by a New York City lawyer, Steven Donziger, substantial parts of which were conducted in the United States. It brought this case for, among other relief, a declaration that the judgment is not entitled to recognition or enforcement. It now seeks a preliminary injunction principally to bar the enforcement of the judgment outside Ecuador pending the resolution of this case on the merits or, at least, the resolution of its prayer for a declaratory judgment.
This is an extraordinary case. The amount involved is large. Chevron challenges the fairness and integrity of the judicial system of Ecuador and thus implicates considerations of international comity. There are issues concerning the reach of U.S. law and questions pertaining to the conduct of the New York lawyer and others. There are...
To continue reading
Request your trial-
Chevron Corp. v. Donziger
...aff'd sub nom., Lago Agrio Plaintiffs v. Chevron Corp., 409 Fed.Appx. 393 (2d Cir.2010). Other decisions: Chevron Corp. v. Donziger, 768 F.Supp.2d 581 (S.D.N.Y.2011) (“Donziger I ”) (granting preliminary injunction), rev'd, Chevron Corp. v. Naranjo, 667 F.3d 232 (2d Cir.2012); Chevron Corp.......
-
Chevron Corp. v. Donziger
...aff'd sub nom., Lago Agrio Plaintiffs v. Chevron Corp., 409 Fed.Appx. 393 (2d Cir.2010). Other decisions: Chevron Corp. v. Donziger, 768 F.Supp.2d 581 (S.D.N.Y.2011) (“Donziger I ”) (granting preliminary injunction), rev'd, Chevron Corp. v. Naranjo, 667 F.3d 232 (2d Cir.2012); Chevron Corp.......
-
Chevron Corp. v. Donziger
...was premature. Moreover, as the appeal in this case later proceeded, that understanding proved incorrect. See Chevron Corp. v. Donziger, 768 F.Supp.2d 581, 621 (S.D.N.Y.2011). Further, the Patton Boggs Invictus Memo stated its understanding that “the standard of review is not de novo.” PX 2......
-
Boggs v. Chevron Corp..
...which are summarized in the Court's prior opinion and elsewhere. See Patton Boggs, 791 F.Supp.2d at 17–20; Chevron Corp. v. Donziger, 768 F.Supp.2d 581, 597–626 (S.D.N.Y.2011) (chronicling the underlying environmental dispute and litigation). In brief, Patton Boggs represents numerous parti......
-
Second Circuit Issues Two Key Enforcement Rulings
...acquired all the stock of Texaco, Inc. in 2001. 5 Aguinda v. Texaco, Inc., 303 F.3d 470 (2d Cir. 2002). 6 Chevron Corp. v. Donziger, 768 F. Supp. 2d 581 (2011). Despite the fact that the injunction sought by Chevron would prevent the LAPs from commencing enforcement litigation, the district......
-
Breaking Bad: Fail-safes to the Hague Judgments Convention
...meeting with a court-appointed damages 70. 587 F. Supp. 1457, 1460 (N.D. Tex. 1984). 71. 577 A.2d at 1142–43. 72. Id. at 1143. 73. 768 F. Supp. 2d 581, 633 (S.D.N.Y. 2011), rev’d sub nom. Chevron Corp. v. Naranjo, 667 F.3d 232 (2d Cir. 2012). Although the Second Circuit later vacated the di......
-
Global Law and the Environment
...see also Record Judgment I, supra note 168; Record Judgment II, supra note 168. 207. Chevron Corp. v. Donziger, 768 F. Supp. 2d 581, 660 (S.D.N.Y. 208. See id. at 627, 634; Amended Complaint at 1, Chevron Corp. v. Donziger, 1:11-cv-00691-LAK, (S.D.N.Y. April 20, 2011), 2011 WL 1805313; Edit......
-
ARE SANCTIONS THE NEW SLAPP? ANALYZING OIL COMPANIES' WEAPONIZATION OF ETHICS ACCUSATIONS AGAINST HUMAN RIGHTS ATTORNEYS.
...470 (2d Cir. 2002). (22) Chevron Corp. v. Donziger, 974 F. Supp. 2d 362, 481-82, 540 (S.D. N.Y. 2014). (23) Chevron Corp. v. Donziger, 768 F. Supp. 2d 581, 637 (S.D. N.Y. (24) Brief for Defendants-Appellants Hugo Gerado Camacho Naranjo and Javier Piaguaje Payaguaje at 26, 34, Chevron Corp. ......