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5 Nov 2010

Judge Lewis Kaplan, US District Court for the Southern District of New York

In re application of Chevron Corporation, et al. - Opinion

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Chevron is the target of litigation brought in Ecuador by the so-called Lago Agrio plaintiffs in which the latter seek to recover $113 billion for alleged environmental pollution by Texaco, Inc…, from Texaco’s current owner, Chevron Corporation...Chevron and the Individual Petitioners here subpoenaed Donziger to produce documents and to give testimony, as they maintain that Donziger is the prime actor, or among the prime actors, in the alleged fraud and misconduct. Donziger moved to quash the subpoenas…In the quite unusual circumstances of this case, however, the need for the discovery, the plainly unprivileged nature of many of Donziger’s activities, the evidence of possible fraud and misconduct by Donziger, and other considerations are sufficiently great to require that Donziger respond on the merits to the subpoenas.