Lago Agrio: Second Circuit Denies En Banc Review

As expected, the Second Circuit has denied Steven Donziger’s petition for a rehearing en banc in the Chevron RICO case. The court also denied the LAPs’ petition, which I did not separately cover.

What next?

I do think there is a good cert. petition here for Donziger and the LAPs to bring. There is a true circuit split on whether private plaintiffs such as Chevron have standing to bring RICO claims seeking only equitable relief. I would expect any cert. petition to focus on that question, and I think (though I could be wrong) that we probably have seen the last of “I strongly dispute the findings of fact even though I have not appealed from them,” the argument I found so puzzling up till now. However, I think the Supreme Court is highly unlikely to want to take the case since the facts as found by Judge Kaplan were so egregious. But fingers crossed! I would love to see the Supreme Court weigh in.

About Ted Folkman

Ted Folkman is a shareholder with Murphy & King, a Boston law firm, where he has a complex business litigation practice. Folkman also serves as an arbitrator and is a member of the Commercial and Consumer Panels of the American Arbitration Association. 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 treatise on International Aspects of US Litigation (J. Berger, ed. 2017), 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 and 2014 - 2016.

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