ELR Citation: 42 ELR 20007
No(s). 11 Civ. 0691 (S.D.N.Y. Jan 6, 2012) (Kaplan)

A district court denied a corporation's motion to freeze the assets of Ecuadorian plaintiffs and to prevent them from collecting the proceeds of a multibillion dollar judgment in an underlying case involving environmental contamination in the Amazon rainforest. The corporation filed its motion for an order of attachment based on its claim that the judgment was procured by fraud. But it failed to demonstrate a likelihood of recovering any specific amount of damages. The corporation has put no proof of any damages in support of its motion other than the amount of the judgment, but it has not paid any part of the judgment. The judgment, therefore, is not a measure of any damages that the corporation has suffered to date.