Open in TheBrain

munger tolles olson


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REV DR

Musk Connections:Lawyer at Munger, Tolles & Olson, which has represented Tesla

Other Corporate Affiliations:Worked at investment banking firm Houlihan Lokey

DOGE Deployment:Head of team at USAID, assigned to General Services Administration and Consumer Financial Protection Bureau

CORPORATE AFFILIATIONS WITH MUSK TIES
PRIOR TO JOINING MUSK’S ORBIT, LEWIN WROTE OP-EDS CRITICIZING THE “ULTRA-CONSERVATIVE” SUPREME COURT AND BIG TECH

*As Elon Musk’s DOGE continues to tear through agencies with little oversight or transparency, the Revolving Door Project is publishing profiles of reported DOGE employees: who they are, where they came from, and any conflicts of interest that might make their unfettered access to the federal government dangerous to the public. Read them all here.

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https://www.scotusblog.com/case-files/cases/occidental-petroleum-corporation-v-carijano/

Occidental Petroleum Corporation v. Carijano

 Petition for certiorari denied on April 22, 2013

Docket No.Op. BelowArgumentOpinionVoteAuthorTerm
12-3859th Cir.N/AN/AN/AN/AOT 12

Issue: (1) Whether, in an action brought by foreign plaintiffs for alleged injuries occurring in a foreign country to foreign land and foreign citizens, the foreign plaintiffs can obtain a strong presumption in favor of a U.S. forum by adding a nominal U.S. plaintiff for the tactical purpose of defeating a forum non conveniens dismissal; and (2) whether a federal court may assume hypothetically that it has Article III jurisdiction for the purpose of denying a forum non conveniens dismissal and retaining a case in federal court.

DateProceedings and Orders (key to color coding)
Aug 16 2012Application (12A168) to extend the time to file a petition for a writ of certiorari from August 29, 2012 to September 28, 2012, submitted to Justice Kennedy.
Aug 20 2012Application (12A168) granted by Justice Kennedy extending the time to file until September 28, 2012.
Sep 27 2012Petition for a writ of certiorari filed. (Response due October 29, 2012)
Oct 18 2012Order extending time to file response to petition to and including December 28, 2012.
Jan 2 2013Waiver of right of respondent Tomas Maynas Carijano, et al. to respond filed.
Jan 9 2013DISTRIBUTED for Conference of February 15, 2013.
Jan 17 2013Response Requested . (Due February 19, 2013)
Feb 1 2013Order extending time to file response to petition to and including March 21, 2013.
Mar 21 2013Brief of respondents Tomas Maynas Carijano, et al. in opposition filed.
Apr 2 2013Reply of petitioner Occidental Petroleum Corporation filed.
Apr 3 2013DISTRIBUTED for Conference of April 19, 2013.
Apr 22 2013Petition DENIED.

COUNSEL Marco Simons (argued), Richard Herz, Earthrights International, Washington, D.C.; Paul Hoffman, Benjamin Schonbrun, Michael D. Seplow, Schonbrun Desimone Seplow Harris & Hoffman LLP, Venice, California; Natalie L. Bridgeman, Law Offices of Natalie L. Bridgeman, San Francisco, California, for the plaintiffs-appellants.

Daniel P. Collins (argued), Manuel F. Cachán, Gabriel P. Sanchez,

Munger, Tolles & Olson L.L.P., Los Angeles, California; Ernest J. Getto, Michael G. Romey, Kirk A. Wilkinson,Latham & Watkins, L.L.P., Los Angeles, California, for the defendants-appellees.

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OPINION WARDLAW, Circuit Judge: These cross-appeals arise from the petroleum and oil exploration operations conducted by defendant Occidental Peruana (“OxyPeru”), an indirect subsidiary of defendant Occidental Petroleum Corporation (collectively “Occidental”), along the Rio Corrientes in the northern region of Peru. Plaintiffs, 25 members of the Achuar indigenous group dependent for their existence upon the rainforest lands and waterways along the river, and Amazon Watch, a California corporation, sued Occidental in Los Angeles County Superior Court for environmental contamination and release of hazardous waste. Although Occidental’s headquarters is located in Los Angeles County, Occidental removed the suit to federal district court where it successfully moved for dismissal on the ground that Peru is a more convenient forum. Plaintiffs timely appeal the dismissal of their suit. Occidental cross-appeals from the district court’s determination that its Rule 12 motion to dismiss Amazon Watch for lack of standing is moot. Because Occidental failed to meet its burden of demonstrating that Peru is a more convenient forum, and the district court gave insufficient weight to the strong presumption in favor of a domestic plaintiff’s choice of forum, the district court abused its discretion by dismissing the lawsuit without imposing mitigating conditions for the dismissal.

I. FACTUAL AND PROCEDURAL BACKGROUND We accept as true the facts alleged in the Achuar Plaintiffs’ and Amazon Watch’s (“Plaintiffs”) First Amended Complaint 7126 CARIJANO v. OCCIDENTAL PETROLEUM (“FAC”). See Vivendi SA v. T-Mobile USA, Inc., 586 F.3d 689, 691 n.3 (9th Cir. 2009); Aguas Lenders Recovery Group v. Suez, S.A., 585 F.3d 696, 697 (2d Cir. 2009) (accepting the facts alleged in the complaint as true where the case was dismissed on forum non conveniens grounds without a factual hearing). Occidental is among the largest oil and gas companies in the United States. Its Peruvian operations began in the early 1970s with the development of a pair of lots near the Ecuadorean border known as “Block 1-AB.” Its subsidiary, OxyPeru, built Block 1-AB into a thriving extraction, processing, and distribution site, providing 26 percent of Peru’s total historical oil production from 1972 to 2000, at which point Occidental sold its stake in Block 1-AB to the Argentine oil company Pluspetrol.

The Peruvian government granted Occidental its first concession in the region in 1971; oil was found the next year. The company built dozens of wells, a 530- kilometer network of pipelines, refineries, and separation batteries for processing crude oil, as well as roads, heliports and camps to support the operation at Block 1-AB. The Achuar are indigenous people who have long resided along the rivers of the northern Peruvian rainforest. Block 1- AB encompasses significant portions of the Corrientes and Macusari rivers, home to several Achuar communities. The inhabitants use the rivers and their tributaries for drinking, fishing, and bathing. The region is remote, with access typically limited to small planes, helicopters, small boats, and canoes. The complaint alleges that, during its thirty years in the Achuar territories, Occidental knowingly utilized out-of-date methods for separating crude oil that contravened United States and Peruvian law, resulting in the discharge of millions of gallons of toxic oil byproducts into the area’s waterways. Achuar children and adults came into frequent contact with the contaminants by using polluted rivers and tributaries ...

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