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View Diary: Chevron Granted Access to Nine Years of Activists' Email Information in Environmental Lawsuit (166 comments)

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  •  That's only partially correct (6+ / 0-)

    1. Chevron found guilty, owes money

    2. Chevron sues the people hired to collecting the judgement, claiming they knew the original court decision was fraudulent.

    #2 should be thrown out on its face. There's no claim that the collectors themselves did anything wrong. (Only that they knew someone who knew something was wrong.)

    Instead, Chevron found (bought?) a friendly judge that allowed #2 to proceed.

    This allowed Chevron to turn themselves into the plaintiff, in a case where they're actually a convicted defendant.

    Further, it allowed them to open up discovery on a whole host of people who are not related at all to the actual case.

    "What could BPossibly go wrong??" -RLMiller "God is just pretend." - eru

    by nosleep4u on Thu Jul 11, 2013 at 12:27:10 PM PDT

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    •  Have you read the court documents? (0+ / 0-)

      How do you know that what you say is accurate.  On what basis does this case need to be dismissed?  Rule 12 only gives you a few narrow reasons for dismissal.  Rule 56 requires that there are no factual questions in dispute and the case should be decided as a matter of law.  What is your basis for saying the judge was essentially bribed?  That smacks of unfounded conspiracy theory.  These are CIVIL lawsuits, not criminal lawsuits.  There is no "convicted defendant."  

      I believe that this diarist is whipping up a frenzy based on a gross misunderstanding of the law, and all the foaming-at-the-mouth anti-corporation folks are swallowing it hook, line and sinker.  When I read this diary, I saw a routine discovery order getting distorted into some evil plot against all humanity.

      I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

      by ccyd on Thu Jul 11, 2013 at 01:37:00 PM PDT

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      •  Chevron was 'convicted' in Ecuador... (3+ / 0-)

        Do you even have a concept of the extent of the damage they did down there? Chevron and others are systematically spoiling the most important ecosystem on earth.

        Ecuador and other Latin American countries are sick and tired of the multinational fossil fuel companies' profit-taking, slash & burn policies.

        They convicted Chevron of multiple, egregious environmental violations in a criminal court of law.  Chevron then ran back to a big-business-friendly environment in the U.S., found a compliant judge, and then proceeded to put not only the plaintiffs on trial. But also anyone who criticized their business practices.

        ANY justification for this type of corporate scofflaw behavior is BOGUS.

        'Cuz freedom can't protect itself ~~ EFF ~ EPIC ~ ACLU

        by markthshark on Thu Jul 11, 2013 at 04:55:34 PM PDT

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        •  You are not as knowledgable as you think (0+ / 0-)

          A quick google search of "Chevron criminal Ecuador" reveals this little chestnut:

          An Ecuadorean court's decision to dismiss criminal charges in a case concerning oil pollution liability could affect high-stakes litigation in New York over whether Chevron Corp. should have to pay up to $18 billion in damages.
          From the unreliable New York Times

           From the same article:

          [U.S. District Judge] Kaplan discussed the criminal case in detail in a 131-page opinion issued in March, in which he explained why he was imposing a preliminary injunction that would prevent plaintiffs from enforcing the Lago Agrio judgment in the United States.

          The criminal charges were, he said, "an attempt to defeat the settlement" between Texaco and the Ecuadorean government.

          "It is reasonable to conclude that the prosecutor general has revived the prosecution at least in part on the basis of the ostensibly independent Cabrera report," which was "covertly written" by the plaintiffs "with the support of President Correa," Kaplan wrote.

          For Kaplan, the criminal case appears to have been a contributing factor in leading him to question the integrity of the justice system in Ecuador, an issue that has become key to the question of whether the plaintiffs will ever be able to collect any of the damages in courts around the world.

          I think you should read that 131-page opinion and then re-post your diary with the appropriate corrections.

          I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

          by ccyd on Fri Jul 12, 2013 at 05:36:35 AM PDT

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