Or at least slowed down somewhat.
Chevron wins another round;
On Monday Chevron announced it has reached a settlement with
James Russell DeLeon,
a leading funder of the fraudulent [Ecuadorian Lago Agria] lawsuit.
This is a
deserved humiliation for Mr. DeLeon, a resident of Gibraltar who has
said he invested some $23 million to finance left-wing activist
Steven Donziger
in his Captain Ahab pursuit of Chevron. In return for his cash,
Mr. DeLeon was supposed to receive a 7% stake in what was a $9.5 billion
judgment in the Ecuador courts against the oil giant.
But
Chevron fought back in U.S. courts, and last March federal Judge
Lewis Kaplan
found the Ecuador ruling was the result of fraud and racketeering
and judged it unenforceable in the U.S. Judge Kaplan also found Mr.
Donziger liable for racketeering violations, and Chevron filed a claim
against Mr. DeLeon in Gibraltar.
De Leon now says he was misled about the facts in the case and wouldn't have agreed to invest in the lawsuit had he know the truth.
The settlement and public mea culpa are also useful rebukes to one of
the more unsavory developments in modern law—the investor-backed tort.
Politically driven litigants like Mr. Donziger are increasingly turning
to wealthy investors to finance their lawsuits against business, however
dubious the claims.
Funders figure the advance outlay is worth
the risk because most companies settle rather than endure the legal
costs and reputational damage of going to court. The funders then get a
big and easy payday, like lawyers in a securities derivative suit.
What it does to the citizens of a country like Ecuador, by making it a more dangerous place for foreigners to invest, remains unsettled.
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