4 ms·

Yes, there’s definitely a lot more to the story than what is described in the article, or indeed most of the articles that are based primarily on interviews wit

by _23sd 4y ago

Yes, there’s definitely a lot more to the story than what is described in the article, or indeed most of the articles that are based primarily on interviews with Donziger. It’s hard to find a single element of the case that hasn’t been the subject of fierce controversy. The arbitration decision you referenced [1] also relied heavily on disputed evidence, but they tended to give it credence anyway. I don’t think it’s very controversial that Judge Lewis Kaplan has been remarkably hostile toward Donziger, just depends on whether you believe Donziger deserves the harsh treatment. I think it would help if the case got a proper review from a cooler headed judge, but with the current trajectory of the US judicial system that seems to be impossible. [1] https://www.chevron.com/-/media/chevron/stories/documents/international-tribunal-rules-for-chevron-in-ecuador-case.pdf https://www.chevron.com/-/media/chevron/stories/documents/in..., especially part IV where the use of Guerra’s testimony is explained on page 139 of the PDF.

ncmncm 4y ago
No, it is about prejudicial behavior by a very obviously biased judge who should have recused himself. That he engaged other equally clearly biased judges to pile on makes it worse. Kaplan should be impeached and removed. Whatever this guy did, he is just one guy. Kaplan is wielding and abusing the power of the US govt. That is always worse than anything an individual can do.
- _23sd 4y ago
  I don't think I disagree with you, was just trying to provide additional context on the arbitration decision and why it doesn't necessarily prove the Ecuador verdicts were fraudulent. From what I've read, some of the people defending Kaplan's behavior think that Donziger deserves to be treated dismissively for making supposedly unreasonable demands of the court, which is sometimes a type of argument I'm sympathetic to when reading about vexatious litigants, but Kaplan has been a lot more than just dismissive and has taken it a lot further than what I'd be comfortable with even for someone who was indisputably acting in bad faith (and it seems quite possible that Donziger is not only acting in good faith, but actually in the right).

by _23sd 4y ago

ncmncm 4y ago

No, it is about prejudicial behavior by a very obviously biased judge who should have recused himself. That he engaged other equally clearly biased judges to pile on makes it worse. Kaplan should be impeached and removed. Whatever this guy did, he is just one guy. Kaplan is wielding and abusing the power of the US govt. That is always worse than anything an individual can do.

_23sd 4y ago
I don't think I disagree with you, was just trying to provide additional context on the arbitration decision and why it doesn't necessarily prove the Ecuador verdicts were fraudulent. From what I've read, some of the people defending Kaplan's behavior think that Donziger deserves to be treated dismissively for making supposedly unreasonable demands of the court, which is sometimes a type of argument I'm sympathetic to when reading about vexatious litigants, but Kaplan has been a lot more than just dismissive and has taken it a lot further than what I'd be comfortable with even for someone who was indisputably acting in bad faith (and it seems quite possible that Donziger is not only acting in good faith, but actually in the right).