From one perspective, this action could be seen as the result of pissing off a judge. U.S. District Judge Lewis Kaplan, of The Southern District Of New York, granted Chevron's motion for a preliminary injunction, barring the country (not the claimed Ecuador residents but the country itself is a party to the lawsuit) from collecting on a $8 billion Ecuadorian court judgement.
While Ecuador may choose to ignore the American judge's ruling and go after whatever money it thinks it's owed, it does not mean other jurisdictions will agree with them. Moreover, Judge Kaplan's second opinion, issued just five month after his first one, where he hammered the plaintiffs for a fraudulent presentation, is enough to give any legal system pause.
Why? The accusations of fraud, as well as the fact that the plaintiff's lawyers have not denied any of Kaplan's claims. Indeed, the spokesperson points to Ecuadorean Judge Nicolas Zambrano's ruling and opinion. But how can anyone take his work seriously when there's evidence the first judge Nunez was "on the take" and ready to issue a judgement against Chevron in exchange for a taste of the award? And the person who replaced Nunez, Judge Ordonez, was also accused of a lack of impartiality; he was booted, too.
And who replaced him? Nicolas Zambrano.
That's right.
And a man under pressure to get Chevron, and who admitted "I never answer the telephone or my cellphone without seeing a registered incoming number, because it could be anyone calling to insult or threaten me." In other words, this man was working in fear.
Fear.
Can you imagine what would have happened to Zambrano if he ruled for Chevron?
Stay tuned.
While Ecuador may choose to ignore the American judge's ruling and go after whatever money it thinks it's owed, it does not mean other jurisdictions will agree with them. Moreover, Judge Kaplan's second opinion, issued just five month after his first one, where he hammered the plaintiffs for a fraudulent presentation, is enough to give any legal system pause.
Why? The accusations of fraud, as well as the fact that the plaintiff's lawyers have not denied any of Kaplan's claims. Indeed, the spokesperson points to Ecuadorean Judge Nicolas Zambrano's ruling and opinion. But how can anyone take his work seriously when there's evidence the first judge Nunez was "on the take" and ready to issue a judgement against Chevron in exchange for a taste of the award? And the person who replaced Nunez, Judge Ordonez, was also accused of a lack of impartiality; he was booted, too.
And who replaced him? Nicolas Zambrano.
That's right.
And a man under pressure to get Chevron, and who admitted "I never answer the telephone or my cellphone without seeing a registered incoming number, because it could be anyone calling to insult or threaten me." In other words, this man was working in fear.
Fear.
Can you imagine what would have happened to Zambrano if he ruled for Chevron?
Stay tuned.
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