Judge Kaplan Takes Chevron’s Motion for a TRO Under Advisement

[UPDATE: I’ve changed the title of the post to reflect uncertainty about what exactly the judge did. See Max Kennerly’s comment to the post].

I am told that at this morning’s hearing on Chevron’s motion for a temporary restraining order, Judge Kaplan took the matter under advisement and did not make a decision from the bench. I’ll keep you posted!

This Post Has 2 Comments

  1. Max Kennerly

    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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