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.