Second Circuit Explains Its Decision Reversing the Grant of Injunction To Enforce $18 Billion Award Against Chevron


Chevron Corp. v. Hugo Gerardo Camacho Naranjo, et al., No. 11-1150-cv(L), is the Second Circuit’s decision explaining its ruling ealier in 2011 to reverse the District Court’s grant of a preliminary injunction precluding any enforcement activities of an $18 billion judgment against Chevron by native Ecudorians for environmental liability entered by a court (and now affirmed) in Ecuador.

We have posted on this case several times (e.g., here and here, in the latter case reporting on the Second Cirtcuit’s reversal elaborated on by the Panel). At this point in the appeal — when the Court is explaining its earlier ruling — the Court of Appeals articulated the issue as to whether Chevron could affirmatively use the Uniform Foreign Country Money-Judgments Recognition Act as enacted in New York. The Court of Appeals ruled that Chevron could not use the Act in a preemptive, anticipatory manner even if the judgment it was trying to avoid was allegedly fraudulently obtained (on which the Court of Appeals expressed no opinion).

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