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14 Jun 2010

Braden Reddall, Reuters

Burden of proof at issue in Chevron-Nigeria appeal

An appeal of a major case brought by Nigerians against Chevron Corp hinges on where the burden of proof lies…In late 2008, a jury in federal court cleared the company of liability arising from the clash a decade earlier between Nigerian state forces and protesters on Chevron's…oil platform…off Nigeria's coast…Lawyers for the villagers said Judge Susan Illston set the bar too high in requiring the plaintiffs to prove beyond a reasonable doubt that the Nigerian soldiers acted improperly….But Craig Stewart, representing Chevron, argued it was a "police" action that broke up the three-day occupation, so it was up to the other side to show "excessive force" was used.

Part of the following timelines

USA: Court hears claimants' appeal of dismissal of Chevron Nigeria lawsuit re alleged attack on local protesters

Chevron lawsuit (re Nigeria)