The Amazon Post

Supreme Court Won’t Hear Chevron’s Claims; Underlying Merits Unaffected By Ruling

DATE: Oct. 9, 2012 POSTED IN: Chevron Ecuador Trial In The News

Chevron’s writ of certiorari- seeking review of the Second Circuit Court of Appeal’s interpretation of the Declaratory Judgment Act- was denied review today by the Supreme Court of the United States.

Each year, the Supreme Court accepts a very small percentage of cases for review. Unfortunately, Chevron’s petition was not granted review. The denial of Chevron’s petition, however, was not based on a review of the underlying merits of the company’s case. As the Supreme Court itself has said, “The denial of a writ of certiorari imports no expression upon the merits of the case.” Further, as Stern & Gressman – the leading Supreme Court treatise – explains, “A simple order denying a petition for writ of certiorari is not designed to reflect the Court’s views either as to the merits of the case or as to its jurisdiction to hear the matter.”

Today’s ruling, while not based on the merits of the case, also does not disturb Court findings made by Southern District of New York judge, Lewis Kaplan, that fraud and bias have
tainted the Ecuadorian proceedings and judgment.

While Chevron is disappointed that the Court denied the petition, Chevron will continue to defend against the plaintiffs’ lawyers’ attempts to enforce the fraudulent Ecuadorean judgment, to further expose their misconduct in the pending RICO case in New York, and in other proceedings.