Amazon Defense Coalition: Chevron Seeking "Do Over" of Eight-Year Pollution Trial Before Favored Judge
Oil Giant Shelves RICO Case and Now Plans to Call Experts To Assert Massive Pollution In Ecuador Is Not Its Problem, Say Legal Papers
NEW YORK, Aug. 30, 2011 /PRNewswire-USNewswire/ -- Ecuadorian indigenous residents are accusing a New York federal judge of improperly allowing Chevron to re-litigate an eight-year pollution trial that it lost to help bail out the company from a potential $18 billion clean-up liability, according to legal papers filed in recent days in New York federal court.
In a series of motions, the Ecuadorians detail how New York federal judge Lewis A. Kaplan repeatedly has denied them time to prepare for a controversial trial scheduled for November where Chevron seeks to have Ecuador's entire judicial system declared unfit. The Ecuadorians also asked Kaplan to dismiss the case entirely because it has no legal basis.
In the court filings, the Ecuadorians assert that Kaplan is "pushing this case towards a trial date for which the Ecuadorian plaintiffs cannot possibly be prepared."
"Continuing on this course will prejudice the Ecuadorian Plaintiffs, deprive them of their due process rights, foster an injustice, and result in a proceeding" with a "pre-determined result," said the papers, filed by the Texas law firm Smyser Kaplan & Veselka, which recently joined the case on behalf of the Ecuadorians.
Chevron's hope is to use a favorable decision from Kaplan to try to block the lawful enforcement of a final Ecuador judgment in countries where Chevron operates. Chevron has stripped its assets from Ecuador and vowed to never pay the judgment despite promising to do so in 2002, when it persuaded a federal judge to move the case from the U.S. to Ecuador. When seeking the transfer of the case, Chevron heaped lavish praise on Ecuador's court system.
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