Chevron is not judicially estopped from challenging the fairness of the Ecuadorean judicial system as it fights the enforcement of a multi-billion dollar environmental damage award, Southern District Judge Lewis A. Kaplan has ruled.
Judge Kaplan said that Chevron is not bound by statements made by Texaco more than 10 years ago in the Southern District and in the Second Circuit, where it won dismissal of environmental litigation on the grounds of forum non conveniens, in part by arguing the Ecuadorean courts were neither corrupt nor unfair.
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