Federal Court Dismisses Chevron’s Lawsuit Against Firm’s Human Rights Lawyer Client


Today a federal court in San Francisco dismissed in its entirety a lawsuit Chevron Corporation filed against the Firm’s client, a lawyer who had previously lost a lawsuit against the energy giant. The earlier lawsuit was filed on behalf of indigenous residents of the Ecuador Amazon rainforest over their claims they became ill with cancer from oil pollution of their water supply. The claims were later dismissed, and Chevron subsequently filed the current lawsuit against their lawyer, Cristobal Bonifaz, claiming he knew there was no basis for the environmental case. A May 12, 2010 ruling by the Federal District Court dismissed all but one part of Chevron’s case under a unique California law, known as the anti-SLAPP statute, that protects First Amendment rights to, among other things, bring lawsuits. The ruling today dismisses Chevron’s one remaining claim. The Court ruled that even after having the opportunity to questions Mr. Bonifaz and others, Chevron was unable to produce any evidence that suggested Mr. Bonifaz knew the plaintiff did not have cancer. Under the California law, Chevron will be required to pay Mr. Bonifaz’s legal expenses incurred in defeating Chevron’s case.

Chevron had sought $4 million in damages from Mr. Bonifaz, a solo practitioner who lives in Massachusetts and is a native of Ecuador. Chevron’s now-dimissed lawsuit is just one chapter in a legal battle dating back over 20 years in which Chevron and its predecessor Texaco have fought to avoid paying the costs associated with cleaning up after its oil drilling operations in the Ecuadorean rainforest.

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