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The Miami Herald writes about the Chevron Ecuador case and the film Crude:

Here’s what the New York Times didn’t say: Crude was conceived, funded, promoted and in large part directed and edited by Donziger and his pals. The film’s real story emerged after a Chevron lawyer noted that the version of Crude available on Netflix had a scene not included on the DVD — a scene of startling legal misconduct, in which one of the Ecuadorean court’s supposedly neutral experts held a secret planning session with Donziger’s legal and technical team.

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Chevron Ecuador trial, President Rafael Correa’s dealings with the country’s media, judicial overhaul, police and military issues that surfaced last year, and other issues are the subject of Reuters “Factbox,” an update on current issues in Ecuador:

The implementation of contentious justice reforms, tensions between the government and the media, and talks aimed at patching up relations with the United States are key issues to watch in Ecuador.

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Analysts discuss the Chevron Ecuador case and the Treaty Arbitration Tribunal’s order that continues to bar enforcement of the judgment:

The injunction at The Hague, which prohibits the Ecuadorean government from enforcing the ruling, could be a powerful tool in the hands of Chevron.

“No international court will recognize the plaintiffs’ rights to enforce an Ecuadorean verdict if they are not respecting an international arbitration ruling,” said Wayne R. Wilson, an international arbitration consultant with UHY Advisors, who doesn’t represent Chevron.

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Development in the Chevron Ecuador case…plaintiffs lose another court decision in the U.S.:

The U.S. Court of Appeals for the Second Circuit this week denied a motion by the Ecuadorian plaintiffs suing Chevron Corp. to file a response to the oil company’s reply over a federal judge’s recusal. … The U.S. Court of Appeals for the Second Circuit this week denied a motion by the Ecuadorian plaintiffs suing Chevron Corp. to file a response to the oil company’s reply over a federal judge’s recusal.

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More on the federal judge’s ruling in the Chevron Ecuador case regarding the integrity of Ecuador’s judiciary:

Texaco’s argument that Ecuador provided an adequate alternative forum was evaluated at the time the arugment was made, which was between 1993 and 2001.  Chevron has argued that, regardless of the sufficiency of Ecuador’s legal system previously, due to events that occurred in 2004 and after, Ecuador’s legal system does not provide impartial tribunals or procedures compatible with due process of law.  Based on his previous ruling at the preliminary injunction stage that Chevron was likely to prevail on these claims, Judge Kaplan held that Chevron’s position was not inconsistent with – much less “materially inconsistent with” – the previous position taken by Texaco in the Aguinda litigation.  As a result, Judge Kaplan held that even if Texaco’s position could be attributed to Chevron – which he ruled they could not – the Ecuadorian plaintiffs’ estoppel claims should still be dismissed.

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More on the decision in the Chevron case regarding Ecuador’s politicized and corrupt judicial system. A federal judge rules that Chevron can challenge the fairness of that country’s courts:

The issue now was whether the Ecuadorian legal system, in the next decade, provided impartial tribunals and procedures compatible with due process of law. It was Chevron’s contention that it did not, as a result of events that occurred in and after 2004, whatever may have been the case previously. That is not an inconsistent position from what Texaco had allegedly argued.

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Another legal victory for Chevron in the Ecuador case:

Chevron is not judicially estopped from challenging the fairness of the Ecuadorean judicial system as it fights the enforcement of a multi-billion dollar environmental damage award, Southern District Judge Lewis A. Kaplan has ruled.

Judge Kaplan said that Chevron is not bound by statements made by Texaco more than 10 years ago in the Southern District and in the Second Circuit, where it won dismissal of environmental litigation on the grounds of forum non conveniens, in part by arguing the Ecuadorean courts were neither corrupt nor unfair.

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More coverage of the international tribunal’s award for Chevron based on Ecuador’s courts’ violation of international law:

This award comes from the Permanent Court of Arbitration…The spin (but probably true) is that this award is further evidence of the serious problems in the Ecuador judicial system.

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