The Court unanimously denied the appeal. (more…)
Archive for the ‘federal courts’ Category
In Reference re Broadcasting Act, 2012 SCC 4, the Supreme Court of Canada today affirmed the Federal Court of Appeal ruling that retail Internet Service Providers (“ISPs”) do not carry on, in whole or in part, “broadcasting undertakings” subject to the Broadcasting Act when, in their role as ISPs, they provide access through the Internet to “broadcasting” requested by end‑users. (more…)
Donald K. Anton, “Public International Law and International Civil Litigation: From Ecuador to the United States and Back (Twice) – Chevron v. Donzige”November 29, 2011
Donald K. Anton (Australian National University (ANU) – College of Law) has posted “Public International Law and International Civil Litigation: From Ecuador to the United States and Back (Twice) – Chevron v. Donzige”, Precedent, forthcoming. Here is the abstract:
This brief note examines the public international law issues arising in the widely publicized case of Chevron v. Donziger. In 1993, Amazonian indigenous communities and remote farmers sued Texaco in the United States, its home jurisdiction, seeking redress for damages caused by Texaco’s operations. From 1993 to 2002 Texaco, and later Chevron when it acquired Texaco, fought to have the case dismissed and moved to Ecuador as the more appropriate forum to try the case. Ultimately, the US action was dismissed on forum non conveniens grounds. However, the dismissal was conditioned on promises by Chevron to accept jurisdiction in Ecuador and satisfy any judgment rendered by an Ecuadorian court. While the action in the US was ongoing, Chevron apparently removed its assets from Ecuador, ensuring that the Ecuadorian plaintiffs would be unable to enforce and collect any judgment in that country. The case was re-filed and tried in Ecuador and was hotly contested for approximately eight years. On 14 February 2011, the Provincial Court of Sucumbios awarded the Ecuadorian plaintiffs $8.6 billion in damages, with $5.6 billion going toward environmental remediation. Anticipating the worst, Chevron took pre-emptive action back in the US, and filed a complaint against the Ecuadorians and their lawyers alleging fraud and conspiracy and seeking injunction enjoining the enforcement of the judgment. On 7 March 2011, the US Federal District Court in the Southern District of New York granted the preliminary injunction, which purported to enjoin the Ecuadorians from seeking to have the Ecuadorian judgment recognised or enforced anywhere in the world outside of Ecuador.
A copy of the article may be downloaded at SSRN here.
- Chevron loses latest stage of Amazon pollution battle (guardian.co.uk)
- More Trouble For Chevron: Company Loses Latest Stage of Amazon Pollution Battle (alternet.org)
- Chevron Again Trying To Exclude Key Lawyer In Ecuador Case From U.S. Trial, According to Amazon Defense Coalition (prnewswire.com)
- Whytock and Burke Robertson, “Forum Non Conveniens and the Enforcement of Foreign Judgments” (thetrialwarrior.com)
- Chevron awarded $96M in Ecuador shakedown arbitration (hotair.com)
- Amazon pollution victims to ask judge to award $8bn Chevron money (guardian.co.uk)
- Amazon Defense Coalition: Chevron in Open Conflict With Brazil and Ecuador Over Worsening Oil Spills (finanznachrichten.de)
- Chevron Suffers Blow in Latest Installment of Amazon Battle (newyork.ibtimes.com)
In Pembina County Water v. Government of Manitoba, 2011 FC 1118 (CanLII), Lafrenière, J. of the Federal Court of Canada considered separate motions brought by two groups of third parties, each seeking an order striking the Third Party Claim filed by the Defendants, the Rural Municipalities of Rhineland and Stanley (Municipal Defendants). The grounds were that the Federal Court lacked either personal jurisdiction or subject-matter jurisdiction in respect of the Third Party claims. Alternatively, the Third Parties requested that the Third Party Claim be stayed on the grounds that North Dakota was the most convenient forum or that they enjoyed state immunity. (more…)
I received the following email from St. Thomas, Virgin Islands lawyer, J. Russell Pate of the Pate Law Firm via the ABA International Litigation Committee Listerv:
Dear International Litigation Member,
For your information, please find attached a Complaint [ pdf copy of Second Amended Complaint] regarding the right to vote for Congressional representatives and U.S. President for the United States Virgin Islands. The United Nations has noted that the islands are a non-self governing territory without the ability to participate in every level of government which has control over them.
The Complaint is a strait-forward historical expose of racial discrimination in the U.S. Congress which resulted in the denial of the Virgin Islands (a majority non-white jurisdiction) to be deprived of the right to participate in federal elections.
J. Russell Pate, Esq.
The Pate Law FirmRoyal Dane Mall,
2nd Fl.P.O. Box 890St. Thomas , VI 00804
Fax 340.227-5299 Cell
“Without the jury, there is no justice.”
The pleading makes for very interesting and informative reading. I invite knowledgeable comments from those with experience in U.S. constitutional law on whether the action meets the plausibility standard under the Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal 556 U.S. ___, 129 S.Ct. 1937 (2009).