Chevron Corporation v. Donziger et al

MEMORANDUM OF LAW in Opposition re: 973 MOTION to Supplement the Summary Judgment Record with New Evidence re: 917 Memorandum of Law in Opposition to Motion, Chevron's Motion for Partial Summary Judgment on All Claims, Counterclaims, and Affirmative Defenses, and Summary Judgment MOTION to Supplement the Summary Judgment Record with New Evidence re: 917 Memorandum of Law in Opposition to Motion, Chevron's Motion for Partial Summary Judgment on All Claims, Counterclaims, and Affirmative Defenses, and Summary Judgment / CHEVRON CORPORATION'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS HUGO GERARDO CAMACHO NARANJO AND JAVIER PIAGUAJE PAYAGUAJES MOTION, JOINED BY THE DONZIGER DEFENDANTS, TO SUPPLEMENT THE SUMMARY JUDGMENT RECORD WITH NEW EVIDENCE. Document

21 Cited authorities

Williamson v. United States
512 U.S. 594 (1994) Cited 867 times 8 Legal Analyses
Holding that Rule 804(b) "does not allow admission of non-self-inculpatory statements, even if they are made within a broader narrative that is generally self-inculpatory"
Amnesty America v. Town of West Hartford
361 F.3d 113 (2d Cir. 2004) Cited 1,773 times
Holding that policymaking official must have had notice of "potentially serious problem of unconstitutional conduct, such that the need for corrective action or supervision was 'obvious'"
U.S. v. Farhane
634 F.3d 127 (2d Cir. 2011) Cited 318 times
Holding that rationale for admitting expert testimony regarding organized crime families "[d]espite the prevalence of organized crime stories in the news and popular media" "applies with equal force to terrorist organizations, including al Qaeda" (alteration in original)
Santos v. Murdock
243 F.3d 681 (2d Cir. 2001) Cited 233 times
Holding that an affidavit was admissible only for impeachment as a prior inconsistent statement, so it could not be used to oppose summary judgment
Parsons v. Honeywell, Inc.
929 F.2d 901 (2d Cir. 1991) Cited 153 times
Holding that a police report is admissible under the public record exception
United States v. Lang
589 F.2d 92 (2d Cir. 1978) Cited 65 times
Holding that statements made to an undercover officer were not in furtherance of the conspiracy, and thus inadmissible
Instinet Inc. v. Ariel (UK) Ltd.
No. 08 Civ. 7141 (JFK) (S.D.N.Y. Sep. 20, 2012)
No. 08 Civ. 7141 (JFK) 09-20-2012 INSTINET INCORPORATED, INSTINET HOLDINGS INCORPORATED, INSTINET GROUP, LLC, and INSTINET, LLC, Plaintiffs, v. ARIEL (UK) LIMITED, Defendant. APPEARANCES For Plaintiffs Instinet Incorporated, Instinet Holdings Incorporated, Instinet Group, LLC, and Instinet, LLC: ORRICK, HERRINGTON & SUTCLIFFE LLP By: Robert L. Sills For Defendants Ariel (UK) Limited: Michael J. Little John F. Keenan OPINION AND ORDER APPEARANCES For Plaintiffs Instinet Incorporated, Instinet Holdings
U.S. v. Persing
436 F. App'x 13 (2d Cir. 2011)
No. 10-6378-cr. August 26, 2011. Appeal from the United States District Court for the Eastern District of New York (Brian M. Cogan, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED in part and REMANDED in part. Vivian Shevitz, Brooklyn, NY, for Appellant. Daniel S. Silver, Assistant United States Attorney (Susan Corkery, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn
U.S. v. Dambruck
270 F. App'x 30 (2d Cir. 2008) Cited 1 times
No.[s]: 06-3649-cr (L), 06-3738-cr (CON). March 19, 2008. UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED. Glen A. Garber, New York, NY, for Defendant-Appellant Dambruck. Patrick J. Brackley (Thomas Eddy, on the brief), New York, NY, for Defendant-Appellant Valdez. Jonathan B. New, Assistant United States Attorney (Daniel A. Braun, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for
Banco de Espana v. Federal Reserve Bank of New York
114 F.2d 438 (2d Cir. 1940) Cited 82 times
Holding that it would needlessly complicate summary judgment proceedings to require an affiant to make an explicit promise "to submit to a cross-examination which will not be required if the affidavit is acceptable"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,493 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,068 times 149 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,532 times 77 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,663 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 12,959 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,309 times 53 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 804 - Exceptions to the Rule Against Hearsay-When the Declarant Is Unavailable as a Witness
Fed. R. Evid. 804 Cited 4,043 times 32 Legal Analyses
Recognizing an exception to the hearsay exclusionary rule when the party against whom the statement is offered has engaged in wrongdoing which procures the unavailability of the declarant
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,978 times 12 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Rule 902 - Evidence That Is Self-Authenticating
Fed. R. Evid. 902 Cited 2,196 times 35 Legal Analyses
Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating
Rule 807 - Residual Exception
Fed. R. Evid. 807 Cited 1,612 times 11 Legal Analyses
Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule

Chevron Corporation v. Donziger et al

21 Cited authorities

Holding that Rule 804(b) "does not allow admission of non-self-inculpatory statements, even if they are made within a broader narrative that is generally self-inculpatory"

Holding that policymaking official must have had notice of "potentially serious problem of unconstitutional conduct, such that the need for corrective action or supervision was 'obvious'"

Holding that rationale for admitting expert testimony regarding organized crime families "[d]espite the prevalence of organized crime stories in the news and popular media" "applies with equal force to terrorist organizations, including al Qaeda" (alteration in original)

Holding that an affidavit was admissible only for impeachment as a prior inconsistent statement, so it could not be used to oppose summary judgment

Holding that a police report is admissible under the public record exception

Holding that statements made to an undercover officer were not in furtherance of the conspiracy, and thus inadmissible

Holding that it would needlessly complicate summary judgment proceedings to require an affiant to make an explicit promise "to submit to a cross-examination which will not be required if the affidavit is acceptable"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding an "unrepresented party" to the same standard as an attorney

Holding that such a statement must merely be made by the party and offered against that party

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Recognizing exception to rule against hearsay for records of regularly conducted activities

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Recognizing an exception to the hearsay exclusionary rule when the party against whom the statement is offered has engaged in wrongdoing which procures the unavailability of the declarant

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating

Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule