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SHELL STILL TRYING TO GET AWAY WITH MURDER – LITERALLY

Thurgood Marshall U.S. Courthouse, New York, New York

An important decision day for Esther Kiobel in the above U.S. Courthouse tomorrow, Tuesday 12 Sept 2017 in her epic attempt to bring Shell to Justice for complicity in the murder of her husband Dr. Barinem Kiobel, one of the  Ogoni Nine. She is seeking more than 100,000 Shell discovery documents stored in a secure US warehouse. 

“Who doesn’t love a good discovery fight? And this one involving Cravath, Swaine & Moore is a doozy, with ramifications that extend literally across the planet.”

By John Donovan

The text shown in red is an extract from an article by Jenna Greene from The Litigation Daily published in the US yesterday under the headline “Cravath in the Crosshairs”.

Cravath, Swaine & Moore are Shell’s lawyers. In 2013 they managed to torpedo on jurisdiction grounds a 2002 US lawsuit against Shell led by Esther Kiobel. After over a decade of litigation to stop the case from being heard, Cravath won a US Supreme Court decision in 2013 on that important point of law, without her charges against Shell  ever being considered.

Basically, Esther Kiobel holds Shell responsible for the murder of her husband Dr. Barinem Kiobel, one of the “Ogoni Nine” executed by the corrupt and totally ruthless Abacha regime in Nigeria in close collaboration with Shell.

Esther won a decision some months ago by a U.S. federal judge for her to be given access to more than 100,000 Shell internal documents and other evidence assembled by Shell in the USA for use in the 2002 litigation that they managed to escape. Esther wants the evidence for use in her Dutch court case against Shell brought on 28 June this year on the same grounds – the murder of her husband.

Cravath has appealed against the order to handover the evidence.

Hence the importance of the hearing tomorrow in the Thurgood Marshall U.S. Courthouse. Esther is represented in the hearing by lawyers from EarthRights International.

Disclosure: The lead claimant Esther Kiobel, Channa Samkalden of the Dutch human rights law firm Prakken d’Oliveira representing the widows, and the acclaimed human rights organisation Amnesty International, have all acknowledged the involvement of John Donovan in bringing *this case. (*See Writ of Summons in English and Dutch served on Shell 28 June 2017 – copy obtained from US Pacer public electronic court records)

Shell blanket denial: Shell’s blanket denial of any responsibility for the ‘Ogoni Nine’ executions and related events/allegations can be read here. The denial does not explain why Shell settled for $15.5 million in June 2009 a case legally and substantively the same.

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