Lago Agrio: Judge Kaplan Refuses To Stay The Injunction
Posted on April 28, 2014
Judge Kaplan has denied the request by Steven Donziger and the Lago Agrio plaintiffs to stay his injunction pending appeal. This was not unexpected, and under FRAP 8(a)(2), Donziger and the LAPs can now renew their motion in the Second Circuit.
The judge mostly didn’t buy Donziger’s claims of irreparable harm, claiming that it rested “on a pastiche of unsupported assertions, contradictions of undisputed evidence, and fertile imagination.” He did, though, alter the injunction to the extent it required Donziger to transfer to Chevron his shares in Amazonia, a company organized to receive and distribute the judgment proceeds; now, the shares are to be held by the clerk of court instead pending the appeal.