Lago Agrio: Judge Kaplan Refuses To Stay The Injunction

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.

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 2d ed. 2016), 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.

Leave a Reply

Your email address will not be published. Required fields are marked *