Lago Agrio: Second Circuit Denies The Petition For Mandamus, Judge Kaplan To Remain On Case

In a brief order, the Second Circuit today denied the petition of the Lago Agrio plaintiffs and Steven Donziger for a writ of mandamus that sought to remove Judge Kaplan from the RICO case, to vacate some of his prior orders, and to delay the start of the trial. Roger Parloff, who it seems was at the hearing this morning, has posted a report on the oral argument. So it looks like trial will begin as planned next month in New York.

Of particular note in Roger’s report:

Olson [Chevron’s lawyer] did go on to acknowledge, however, that if and when Chevron wins its case at trial, Chevron does have every intention of seeking injunctive relief preventing the RICO defendants from benefiting from their fraudulent conduct, including “disgorgement” of any recoveries obtained under the Ecuadorian judgment.

Here are links to earlier Letters Blogatory coverage of the petition and Chevron’s response.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. He is the author of International Judicial Assistance (MCLE 2012), a nuts-and-bolts guide to international judicial assistance issues, and of the chapter on service of process in the ABA's forthcoming treatise on International Aspects of US Litigation, and he is the publisher of Letters Blogatory, the Web's first blog devoted to international judicial assistance, which the ABA recognized as one of the best 100 legal blogs in 2012, 2014, and 2015.

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