Forcing Cravath, Swaine & Moore to hand over documents related to litigation against Royal Dutch Shell to a plaintiff seeking redress in Dutch courts would give rise to “discovery litigation tourism,” an attorney for the firm said Tuesday in arguments before a federal appeals court.
Esther Kiobel, who was unsuccessful in her effort to hold Shell liable in American courts for the 1995 execution death of her husband and eight others under the Alien Tort Statute, has taken her fight to the courts in the Netherlands.
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