Comments on: Judge Kaplan Takes Chevron’s Motion for a TRO Under Advisement https://lettersblogatory.com/2012/03/15/tro-under-advisement/ The Blog of International Judicial Assistance Fri, 16 Mar 2012 01:42:06 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2012/03/15/tro-under-advisement/#comment-519 Fri, 16 Mar 2012 01:42:06 +0000 http://lettersblogatory.com/?p=5396#comment-519 In reply to Max Kennerly.

Max, thanks for the comment. I think you’re exactly right.

I suspect that when Judge Kaplan ultimately rules, he will simply rule on the motion for an attachment and not the motion for a TRO. Perhaps when we see the transcript of today’s hearing, we’ll see that the judge indicated that he was denying the TRO, though that is not what my source reported to me.

]]> By: Max Kennerly https://lettersblogatory.com/2012/03/15/tro-under-advisement/#comment-518 Fri, 16 Mar 2012 00:21:27 +0000 http://lettersblogatory.com/?p=5396#comment-518 As a civil procedure nerd, the situation makes me want to cry. A TRO is plainly inappropriate here, and a judge taking a TRO “under advisement” effectively concedes that a TRO is inappropriate.

The issue here is whether Chevron should have a preliminary injunction. I find it revealing that they keep filing for a TRO rather than a preliminary injunction: it seems an essential component of their strategy is to deny the Lago Agrio parties adequate time to respond. That speaks for itself.

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