Doug Cassel’s Reply to Kevin Jon Heller: Who Bought What?
[Doug Cassel is Professor of Law at Notre Dame Law School]
Kevin Jon Heller’s reply to my post on the fraudulent Ecuadorian judgment against Chevron is entitled, “Chevron’s Buyer’s Remorse.” Heller avers that there is “one reason, and one reason only, that this case was heard before an Ecuadorian court: because that is what Chevron wanted.”
Actually, that is what Texaco wanted. Texaco’s motion and affidavits were filed, and its forum non conveniens motion granted, before Chevron acquired Texaco in 2001. Litigating in the 1990’s, Texaco had no reason to foresee, years later, the arbitrary removal of 27 justices of Ecuador’s Supreme Court in 2004, the unwarranted removal of nine judges of the Constitutional Court in 2007, or President Correa’s declaration of a state of “judicial emergency” in 2011.
More important, Texaco prudently agreed only to be sued, not defrauded, in Ecuador. It reserved the right to contest the validity of any judgment (1) fraudulently obtained, (2) by courts lacking impartiality, or (3) in violation of due process of law. All three reservations apply to the judgment against Chevron.
Heller relies on a “lengthy and thoroughly footnoted” letter from plaintiffs’ attorneys. Length and footnotes do not guarantee accuracy. For the reasons stated in my (also lengthy and footnoted) reply, plaintiffs’ letter is inaccurate, not only on this point, but pervasively. I encourage interested readers to review both letters, and to decide for themselves whether the partially purloined stack of paper, purportedly penned by the Ecuadorian judge, deserves to be called a “judgment.”