In previous columns, I detailed the appalling behavior that has characterized the search for the causes of oil pollution in Ecuador, following a joint venture between Texaco and an Ecuadorean state-run corporation. Chevron, the corporate successor of Texaco, was held liable for billions in damages by a corrupt Ecuadorean court ruling. That ruling has proven unenforceable and has been condemned in the United States, Argentina, and Brazil. Enforcement efforts in Canada also appear doomed. Disciplinary actions before the Bar of New York are pending against Steven Donziger, the Ecuadorean plaintiffs’ attorney. Read my earlier columns, using links above, to refresh your memory about what might be called l’affaire Donziger. In my opinion the saga reads like a primer on how not to practice law.
The war here is largely over. Chevron has triumphed and what’s left is a kind of mopping up. A big part of that mopping up occurred on February 28, 2018, when United States District Court Judge Kaplan disposed of Chevron’s petition to be awarded court costs. This was pursuant to Judge Kaplan’s substantive ruling in the case, which included the ruling that “Chevron shall recover of Donziger and the LAP Representatives [the Ecuadorean plaintiffs], and each of them, jointly and severally, the costs of this action pursuant to Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920.”
To read the full story at Forbes, click here.