The US Court of Appeals for the Fourth Circuit in Seney v. Rent-a-Center, Inc. (No. 13-1064, 4th Cir., Dec. 11. 2013) avoided deciding whether Federal agency regulatory limits on pre-dispute arbitration agreements for consumer warranty disputes, promulgated by the US Federal Trade Commission (FTC) under the general authority of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq. (the “MMWA”), are consistent with US Federal Arbitration Act (FAA) pro-arbitration jurisprudence. The Court...
One of the financiers of an environmental lawsuit that led to a $19 billion verdict against Chevron Corp. in Ecuador told a judge that he came to regret funding the case once after learning that it may be a fraud.
Burford Capital LLC Chief Executive Officer Christopher Bogart told a Manhattan federal judge yesterday that his firm, which he described as the world’s largest dedicated litigation financing provider, supplied $4 million to the Ecuadorean plaintiffs and later sold the share when...
A panel of three international arbitrators has found that United States oil company Chevron is not liable for “collective damage” claims in the company’s ongoing dispute over oil contamination in parts of Ecuador’s Amazon rainforest. The panel reportedly found that a 1995 agreement signed by Chevron’s predecessor, Texaco Corporation, released the oil giant from such liability. Still, the panel of arbitrators did not rule whether Chevron may be held liable for any damages endured by individual...
In its dispute with Chevron Corporation regarding the Lago Agrio litigation, the Republic of Ecuador has frequently been on the losing end of discovery applications filed by Chevron pursuant to 28 U.S.C. section 1782. In Republic of Ecuador, et al. v. John A. Connor, Chevron Corporation, et al., Nos. 12-20122/20123, 2013 WL 539011 (5th Cir. February 13, 2013), Ecuador filed its own section 1782 application in the U.S. District Court for the Southern District of Texas, seeking discovery from an individual...
In its effort to discredit lawyers holding an allegedly fraudulent $19 billion environmental judgment against it, Chevron Corporation has found an unlikely ally: Burford Capital, the world's largest litigation financing company, which in 2010 agreed to invest up to $15 million in the worldwide effort to enforce the mega-judgment.