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6 Jan 2012

United States District Court Southern District of New York

[PDF] Chevron Corporation v Steven Donziger et al - Memorandum Opinion

Chevron has put in no proof of any damages in support of its motion for an order of attachment except the fact and the amount of the Judgment. But it has not established that it has paid any part of the Judgment. The amount of the Judgment therefore is not a measure of any damages that it has suffered to date.9 In these circumstances, Chevron has not demonstrated a likelihood of recovering any specific amount of damages. This is not to say that Chevron is unlikely to prevail on its claim that the Judgment was procured by fraud or is unenforceable for other reasons. It is not to say that Chevron’s ability to enforce any damages judgment it may secure in this case would not be frustrated by transfers of the sort that it here seeks effectively to prevent. Nor is it to say that Chevron could not make out a sufficient case for some order of attachment, now or in the future. It is to say only that an order of attachment is not available on the present showing because Chevron has not established a likelihood of recovery in any specific amount.