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Posts under ‘Esther Kiobel’

Cravath Can’t Dodge Shell Docs Subpoena, 2nd Circ. Told

Cravath Can’t Dodge Shell Docs Subpoena, 2nd Circ. Told

Law360, New York (May 22, 2017, 3:42 PM EDT) — A Nigerian environmental and human rights advocate has urged the Second Circuit to uphold an order requiring Cravath Swaine & Moore LLP to turn over documents related to her planned litigation against Royal Dutch Shell in the Netherlands, saying the request is narrow and covers information already disclosed in a prior case.

Esther Kiobel’s brief to the appeals court comes in response to Cravath’s argument that Shell, not the law firm, must be the one to hand over the documents. Cravath had also asserted that Kiobel…

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Kiobel v. Cravath: An Example of How a Little-Known U.S. Law can be Used as a Pre-Litigation Tool Overseas

Upasana Khatri: 22nd February 2017

When Esther Kiobel—who believes Shell collaborated with Nigerian authorities to commit gross human rights abuses, including the murder of her husband—could not find justice by suing Shell in U.S courts, she decided to sue the Dutch oil giant in the Netherlands. In support of the Dutch action, EarthRights International (ERI) helped Ms. Kiobel and her Dutch lawyers file an application under the Foreign Legal Assistance (FLA) Statute to gain access to important evidence originally gathered during the U.S. litigation. In December, a U.S. federal court granted Ms. Kiobel’s petition, allowing her access to documents housed in Cravath, Swaine & Moore LLP, the law firm that defended Shell in the U.S.

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Bar, business groups back Cravath on fighting disclosure of Shell documents

By Jan Wolfe

The New York City Bar Association has joined the U.S. Chamber of Commerce in backing law firm Cravath Swaine & Moore in its appeal of an order to turn over documents belonging to client Royal Dutch Shell plc in a possible overseas lawsuit accusing the oil giant of facilitating human rights violations.

The New York City Bar Association filed an amicus brief in support of Cravath on Tuesday in the U.S. 2nd Circuit Court of Appeals, urging the court to reverse a ruling that the law firm produce Shell documents to Esther Kiobel, a Nigerian woman seeking to sue Shell in the Netherlands after she was previously blocked from doing so in the U.S.

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Shitstorm of Nigeria related litigation hits Shell

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.

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Kiobel v. Royal Dutch Shell litigation

Posted on January 13th, 2017 by Sarah A. Altschuller

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.

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Widow of executed activist wins access to documents in claims against Shell

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.

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Shell’s attorneys ordered to give Nigerian activist’s widow files for Dutch lawsuit

By REUTERSPUBLISHED: 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.

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A devastating blow for Shell in U.S. Federal Court

See: Shell faces possible Dutch lawsuit over Nigerian activist’s execution

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.

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21st Anniversary Commemoration of Ogoni Martyrs

screen-shot-2016-10-19-at-10-26-17Text 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.

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Shell threatened with Dutch lawsuit over activist’s death in Nigeria

screen-shot-2016-10-26-at-17-50-47By 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.

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Royal Dutch conspired with the Nigerian government

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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.

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Esther Kiobel Torture Case Against Shell Returns to NYC: John Donovan’s role

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US COURT DOCUMENT FILED 12 OCTOBER 2016

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.

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Shell faces possible Dutch lawsuit over Nigerian activist’s execution

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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.

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Investors look beyond Big Oil’s worst quarter yet

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LONDON | BY KAROLIN SCHAPS AND RON BOUSSO: Sun Apr 24, 2016

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.

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ExxonMobil Indonesian Villagers Human Rights Abuse Case to Proceed in Federal Court

Screen Shot 2015-07-07 at 16.09.32ExxonMobil Indonesian Villagers Human Rights Abuse Case to Proceed in Federal Court

Screen Shot 2015-06-23 at 14.58.54In the interim, in 2010, the Supreme Court restricted the types of claims that could be heard under the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum, a case involving allegations of human rights abuses by Royal Dutch Shell in Nigeria.

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.

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Shell-BG Deal Puts Pressure on Big Oil to Consolidate Again

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Screen Shot 2015-04-08 at 08.12.04Article by Javier Blas12:47 PM BST April 8, 2015 published by Bloomberg.com

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.

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5 YEARS BEFORE OIL RETURNS TO $100 PER BARREL?

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Screen Shot 2014-02-18 at 18.34.00By John Donovan

The Trefis Team has published an extensive, highly informative article under the headline:

“Where Are Oil Prices Headed In The Long Run?”

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.

FULL ARTICLE

We can expect to see many more news reports like this one:

Chevron Withdraws From A Multi-Billion Dollar Project In Ukraine

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.

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Evil repercussions of Kiobel v. Royal Dutch Petroleum U.S. Supreme Court Decision

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Screen Shot 2014-10-30 at 09.22.43Plaintiff Esther Kiobel (L) joins a protest against Royal Dutch Shell Petroleum in front of the U.S. Supreme Court in Washington October 1, 2012. REUTERS/Gary Cameron

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.

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Esther Kiobel castigates UK and Dutch joint intervention in U.S. Supreme Court Case

Esther Kiobel of Kiobel-v-Shell fame speaking at an Amnesty International Event

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. 

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