Chevron Corporation v Steven Donziger - United States Court of Appeals for the Second Circuit Docket Nos 18-855-cv L - 18-2191-cv - 19-1584-cv - 4 March 2021
Defendant-Appellant Steven Donziger appeals from an amended judgment of the United States District Court for the Southern District of New York (Kaplan, J.) awarding costs to Plaintiff-Appellee Chevron Corporation (“Chevron”) pursuant to Federal Rule of Civil Procedure 54(d), several interlocutory orders declining to dismiss civil contempt proceedings against him and ordering compliance with post-judgment discovery, and a judgment and order finding him in civil contempt. We conclude that the district court did not err in awarding costs to Chevron. However, we also conclude that the district court was not clear and unambiguous in prohibiting Donziger from fundraising by selling interests in a fraudulently procured judgment.
We therefore AFFIRM the district court’s amended judgment awarding costs to Chevron. We also AFFIRM in part and REVERSE in part the district court’s contempt finding and VACATE the supplemental judgment awarding Chevron $666,476.34 in compensatory sanctions. Lastly, we VACATE the supplemental judgment awarding attorneys’ fees and REMAND to the district court to determine the fees reasonably expended to secure the contempt findings affirmed on appeal.
Judge Sullivan DISSENTS in part in a separate opinion.