Bowoto

Bowoto v. Chevron Texaco Corp.

Good Law

312 F. Supp. 2d 1229·2004 WL 602774·2004 U.S. Dist. LEXIS 4603

United States District Court, Northern District of CaliforniaMarch 22, 2004C 99-2506 SICalifornia9,136 words

Opinion

Illston, J.

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON PHASE I

Defendants’ motion for summary judgment regarding Phase I of this trial is currently pending before the court. Having carefully considered the argument of the parties and the papers submitted, the motion for summary judgment on Phase I is DENIED.

BACKGROUND

This action was filed on May 27, 1999 by five Nigerian plaintiffs who alleged that defendant ChevronTexaco Corporation (“ChevronTexaco” or “CVX”) was involved in the commission of human rights abuses in Nigeria. The complaint has been amended several times, and now includes as defendants both CVX, a United States-based corporation, and ChevronTexaco Overseas Petroleum, Inc. (“CTOP” ), a Delaware corporation which is a wholly-owned subsidiary of CVX, as well as 500 “Moe” defendants. Chevron Nigeria Limited (CNL) operates a joint venture with the Nigerian National Petroleum Company, the Nigerian state oil company. At the time of the Parabe incidents, CTOP owned 90% of CNL directly, and owned the other 10% through a wholly-owned subsidiary.

Plaintiffs allege that the United States defendants, CVX and CTOP, are liable for their own acts and for the acts of CNL in…

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