Shell is facing what Americans might describe as a shitstorm of lawsuits arising from its Nigerian activities since the 1950’s. Litigation is current or pending in Nigeria, the USA, Italy, the UK and the Netherlands.
News and information on Royal Dutch Shell Plc.
The name Kiobel is familiar to many who follow litigation regarding human rights in the United States. Esther Kiobel was a plaintiff in the Kiobel v. Royal Dutch Petroleum litigation that led to the 2013 Supreme Court decision which established that the presumption against extraterritoriality applies in cases brought pursuant to the Alien Tort Statute.
Ms. Kiobel is back in U.S. court, this time pursuing access to documents held by Cravath, Swaine, & Moore LLP, which represented Royal Dutch Shell in the earlier litigation.
Written by Reporter – 12/01/2017 3:31 pm
The widow of an activist executed after protesting against oil major Shell’s oil production in Nigeria has won access to legal documents.
They will be used in a legal case for damages against the oil giant which Esther Kiobel plans to pursue in the Netherlands.
It comes after a US judge told Shell’s US lawyers to handover the documents about Shell’s activities in Africa.
Kiobel has alleged Shell was complicit in the execution of her late husband, alongside author and environmental activist Ken Saro-Wiwa, by the Nigerian military in 1995 because it provided support and funding for the army in its crackdown of opposition to a Shell-led joint venture in the Niger Delta.
By REUTERS: PUBLISHED: 21:04, 11 January 2017
By Tom Bergin
LONDON, Jan 11 (Reuters) – The widow of an activist executed after protesting against Royal Dutch Shell’s oil production in Nigeria has won access to legal documents for use in a legal case for damages against the oil giant that she says she plans to launch in the Netherlands.
A U.S. judge in December told Shell’s U.S. lawyers to give Esther Kiobel documents about Shell’s activities in Nigeria, according to her lawyers and a court transcript obtained by protest website royaldutchshellplc.com and seen by Reuters.
The Dutch Kiobel Case will allege that Netherlands-based Royal Dutch Shell and its predecessors were complicit in gross violations of civil liberties and human rights directed at Dr Kiobel and Esther Kiobel, including arbitrary detention and arrest; attempted rape; cruel, inhuman, and degrading treatment; and violations of the right to a fair trial and the right to life. (Extract from petition)
Esther Kiobel holds Shell responsible for the murder of her late husband, Ogoni leader Dr. Barinem Kiobel.
Text of a Statement By Legborsi Saro Pyagbara, President of MOSOP, on the Occasion of the Memorial Service held on November 11, 2016, in Bane, Ogoniland, for the 21st Anniversary Commemoration of Ogoni Martyrs and the passing away of Ken Wiwa Jr.
On 10th November 1995, the Ogoni nation suffered a devastating blow. The Nigeria government and Shell murdered nine Ogoni sons in cold blood for standing up for the truth and for justice. That action routed the world to see things for the first time in the way that we saw things. That singular action exposed the deep abyss of bestiality and brigandage in which Nigeria had sunk. That action signaled to the world that groups like the Ogoni people are imperiled and may not get justice, dignity and any sense of decency in this country called Nigeria. It demonstrated that the Nigeria system was not working for most of its people.
By Kathryn Higgins: 26 Oct 2016
Esther Kiobel has accused Shell of being complicit in the murder of her husband, anti-oil activist Barinem Kiobel who was executed by the Nigerian military in 1995. Court documents filed in New York last week show that Ms Kiobel plans to commence legal action against the company before the end of this year, with Shell’s home country the Netherlands the most likely setting for the legal showdown. The application in New York is an attempt to secure key documents from Shell’s lawyers that could be of use in the Dutch action.
Esther Kiobel filed a briefin the Southern District of New York on October 12 seeking permission to issue subpoenas against Cravath, Swaine & Moore. The request was for the production of documents for a lawsuit expected to be filed in the Netherlands. The lawsuit is connected to a previous case in which Kiobel was a lead plaintiff, Kiobel v. Royal Dutch Petroleum. In this case, Kiobel alleged human rights and civil liberty violations against the oil and gas giant’s operations in Nigeria’s Ogoni region. The Dutch case, expected to be filed in late 2016, intends to allege that Royal Dutch conspired with the Nigerian government to commit human rights violations against the Ogoni people. Cravath represented Royal Dutch in the U.S lawsuits and this application intends to obtain the discovery from those cases.
Published Friday 14 October 2016.
MANHATTAN (CN) — Dusting off Supreme Court defeat following one of biggest human-rights battles in decades, a Nigerian woman accusing Royal Dutch Shell of conspiring to torture environmental activists in her homeland returned to New York to prepare for new litigation in the Netherlands.
Esther Kiobel filed her latest lawsuit in Manhattan Federal Court on Wednesday, seeking information to take on the oil giant near its international headquarters.
By Tom Bergin | LONDON
The widow of a Nigerian activist is planning to sue Royal Dutch Shell in the Dutch courts alleging the oil company was complicit in the execution of her husband by the Nigerian military in 1995, court documents filed in the United States last week show.
Esther Kiobel has filed an application in New York to secure documents from Shell’s U.S. lawyers, which she could use in the Dutch action.
The filings with the U.S. District Court for the Southern District Court of New York said she planned to begin that action before the end of the year.
The world’s top oil companies are set to report their worst quarterly results yet in the current downturn but a recent recovery in crude prices is raising hopes the market has bottomed out.
An ever intensifying oil supply glut took global prices to a near 13-year low of $27.10 a barrel on Jan. 20, exacerbating pressure on oil producers already grappling with a more than 70 percent slide in prices since mid-2014.
“The 1Q16 reporting period looks set to be even worse than what we thought was already an especially ugly 4Q15,” said Jason Gammel, equity analyst at Jefferies.
WASHINGTON, July 7, 2015 (GLOBE NEWSWIRE) — In a significant victory for families of Indonesian citizens who were killed or abused by security personnel hired by Exxon Mobil Corporation, a Federal court has ruled the Alien Tort Statute claims against Exxon Mobil for human rights violations can proceed. Cohen Milstein Sellers & Toll PLLC serves as counsel for the plaintiffs.
In an opinion issued on July 6, Judge Royce C. Lamberth, of the U.S. District Court, District of Columbia, held that the plaintiffs’ claims sufficiently “touch and concern” the United States to satisfy the test recently set out by the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum for when suits arising out of injuries inflicted overseas can be heard in U.S. courts.
In the words of Royal Dutch Shell Plc’s boss, the fundamental logic behind his decision to buy BG Group Plc “always existed.”
What pushed the $70 billion deal over the finish line was that it had become “very compelling from a value perspective” after oil prices fell by half to $50 a barrel.
Ben van Beurden is unlikely to be alone among the chief executive officers of the world’s largest oil companies in thinking that valuations are looking very persuasive.
Just as the first deal between BP Plc and Amoco Corp. during a previous oil price slump in 1998 triggered a wave of deals, the Shell-BG merger is likely to push big oil to consolidate again.
By John Donovan
The Trefis Team has published an extensive, highly informative article under the headline:
It takes many factors into account before forecasting that annual average crude oil prices are likely to continue to decline in the short to medium term and bottom out by 2017, to reach $100 per barrel again by 2020.
This expert analysis will not be well received by Big Oil, its employees or Putin.
We can expect to see many more news reports like this one:
US energy giant Chevron has informed Ukraine about its decision to pull out of a $10 billion shale gas exploration project. This comes as a big blow to the already war-torn economy of the country. The withdrawal of the project came a few months after Royal Dutch Shell also withdrew from a multi-billion dollar exploration project in the country.
By John Donovan
Yesterday, Reuters published an article about the legal repercussions in the USA from the landmark decision in 2013 by the U.S. Supreme Court in the famed Kiobel v. Royal Dutch Petroleum co case.
Access is provided here to the 35 page judgement issued by the Supreme Court of the United States on April 17, 2013
Esther Kiobel is a regular visitor to this website and says that her husband Barinem Kiobel was executed by the Nigerian regime with the backing of Shell, which she has correctly described as an evil corporation.
By John Donovan
Amnesty International published an article in April 2014 revealing that the British government had intervened on the side of Royal Dutch Shell in the Kiobel-v-Shell case before the U.S. Supreme Court and had done so after being lobbied by Shell. A related document obtained in response to a Freedom of Information request confirmed that the Dutch government joined Shell in the representations made to the U.S. Supreme Court. Seems safe to assume that Shell also made representations to the Dutch government.