Kerr & Wagstaffe files anti-SLAPP motion to strike meritless malicious prosecution claims Chevron filed against a human rights lawyer in federal court.


Chevron Corporation v. Bonifaz, 09-5371 CW, Northern District of California. Kerr & Wagstaffe filed an anti-SLAPP motion to strike a malicious prosecution action filed by Chevron against Kerr & Wagstaffe client and human rights lawyer Cristobal Bonifaz, arguing that the lawsuit is “a quintessential Strategic Lawsuit Against Public Participation (‘SLAPP’): a multi-national corporation sues a 75-year old semi-retired attorney, who operates his solo practice from a barn in rural Massachusetts, simply because the attorney—who is a native of Ecuador—had the audacity to dedicate the last 15 years of his legal career to legally assisting the poor, indigenous people of the Ecuadorian Amazon.” The motion to strike demonstrates that each of Chevron’s nine malicious prosecution claims (arising from the claims of the nine underlying plaintiffs) fails as a matter of law because Chevron cannot prove that the claims were terminated in their favor or that they were brought without probable cause.

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