Posted on 03/29/2004 11:52:36 AM PST by SwinneySwitch
A federal judge said ChevronTexaco could be sued by Nigerians in an U.S. court for the actions of a subsidiary in Nigeria.
Judge Susan Illston of the U.S. District Court for the Northern District of California said jurors had enough evidence to determine whether the company had indirect liability over the coordination between Chevron Nigeria and the Nigerian military when it brutally ended a protest over environmental and hiring practices on an offshore oil platform in 1998 and 1999 (Karen Gullo, Bloomberg/Oakland Tribune).
Proponents of the trial said the company knew about the situation in Nigeria. "They had their hand on the pulse of what was going on in Nigeria because it affected profits," said plaintiffs' lawyer Theresa Traber (Douglass/Girion, Los Angeles Times).
"ChevronTexaco continues to believe that the Nigerians who unlawfully occupied an offshore drilling platform and held some 200 Nigerian and expatriate workers hostage for three days have no basis in fact or in law to claim that their rights were violated when the Nigerian military restored order," said the company in a statement (Bob Egelko, San Francisco Chronicle).
The case is similar to a case brought against Unocal Corp. by Burmese villagers in Los Angeles County Superior Court. Fifteen villagers accused the oil-and-gas company in 1996 of human rights abuses, saying Unocal worked with the brutal military regime in Myanmar -- formerly Burma -- to find and control laborers. A federal judge dismissed the suit in December 2000, saying it was not apparent Unocal conspired with the military. The 2000 ruling allowed villagers to try their case in California state court (Greenwire, June 13, 2002). (All cites March 26 unless noted.)
If ChevronTexaco is successfully sued, then the terrorists have won. Plain and simple, it comes down to the terrorists having more rights than their hostages if they are allowed to sue CT.
Judge Illston was appointed to the U.S. District Court for the Northern District of California in May, 1995, and before then she was a partner in the law firm of Cotchett Illston & Pitre, in Burlingame, CA, specializing in civil litigation practice, with an emphasis on commercial litigation. Judge Illston is a member of various professional organizations, including the American College of Trial Lawyers and the American Board of Trial Advocates.
Clinton-era appointee.
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