On even small, unimportant matters, Zambrano contradicted himself frequently in his testimony—so often that at one point yesterday, the judge presiding over the New York proceedings, Lewis Kaplan, remarked with evident frustration that the Ecuadorian witness undercut his narrative in “absolutely irreconcilable ways.” Judge Kaplan’s opinion matters because he is trying the case without a jury. Donziger has repeatedly accused Kaplan of being biased in Chevron’s favor, but has failed to convince the federal appeals court in New York to transfer the case to another judge.
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