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View Diary:  Chevron Amazon Disaster on 60 Minutes/UPDATE with clip (249 comments)

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  •  Argument (0+ / 0-)

    They have made the argument in multiple forums.  

    It defeats the entire purpose of a settlement with a country if each individual in the country can then claim not to be bound by the deal and bring a separate case...which the Ecuadorean government has offered to mediate...

    The settlement was good enough for Ecuador when they cashed Texaco's check.  It should be good enough now.  The evidence that Texaco polluted is hardly in dispute, although there is significant dispute about what current pollution was caused during Texaco's operation and what was caused during Petroecuador's time.

    •  That would be a matter of law (1+ / 0-)
      Recommended by:
      neroden

      and one they could have settled in a US court had they not forced the trial to take place in Ecuador.

      They picked the venue, now they have to play by its rules.

      Certainly you're not arguing that Chevron couldn't afford competent lawyers who could have figured this all out in advance?

      The fact is they thought they had a better chance of avoiding liability by moving the trial to Ecuador, then by pressuring the US government to sanction Ecuador, and now that they're possibly losing, you expect us to think Chevron is getting screwed?

      Je suis Marxiste, tendance Groucho

      by badger on Sun May 03, 2009 at 09:29:41 PM PDT

      [ Parent ]

      •  Chevron doesnt want to have to answer to US PRESS (0+ / 0-)

        On this issue Lol. Its not a matter of whether they can win in Ecuador or Not. They know the judgment will not be enforced if the ruling is outside of the country. Even the judgment in Alaska was not enforced and drawn out forever until the judgment went from $5billion to $500 million. Welcome to America my friends.

        The NY lawyer can try, but the power that be wont allow this. Mind you, both Dems and Republicans have sold their souls to the Oil companies. Even if they want Green technology, they wont support a huge liability on an American company.

    •  Not unless Ecuador agreed to *indemnify* Texaco (0+ / 0-)

      Little point of law there.  The Ecuadorian government settling with Texaco doesn't do anything with respect to third parties; it may be a nice argument for the newspapers, but in court it's worthless.  

      If Ecuador had agreed to indemnify Texaco, it would be different.  In that case, the suit would still go forward, but any fines would be paid by the Ecuadorian government.

      -5.63, -8.10. Learn about Duverger's Law.

      by neroden on Sun May 03, 2009 at 10:04:15 PM PDT

      [ Parent ]

      •  "Third Parties" (0+ / 0-)

        It's a bit absurd to imagine that the citizens of a country are third parties with respect to agreements made by their own country.  What else would give the government standing but the right to bind its citizens?  Texaco had been out of the country for three years; it was not a commercial dispute among business partners, it was a settlement of previous environmental harm.

        It is even more absurd to imagine that in this case the citizens are a third party, what with the Ecuadorean government offering to "mediate" the dispute.

        Ecuador wants another bite at the apple.  They got money once, they want to get it again.  And if for some reason Chevron were to pay the verdict, another 30,000 Ecuadoreans would step forward and press a claim.

        •  So the Solution should be what (0+ / 0-)

          No payments because individuals are fighting for their rights or they should just wait it out until all the legal settlements are compiled as one... i dont understand your rationale or thinking.

          When a company polutes a public water for example or failed to protect its citizens like 9-11, the citizens are not obligated to adhere with the principles of the govt. They can file a mass lawsuit or file individually as they so chooses, so these folks just like others have a right to file the claim as they want.

          Texaco should be the one that should go on the ground, and try to reach a mass agreement and settlement in order to save them from future lawsuits if they so chooses. Thats their only hope. Either way i doubt if they will pay anything anyways...Americans companies are the invisible hands of capitalism...no one can hold them accountable for anything even the killings of our soldiers via electrocuting.

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