Lawyers for Ecuadoran plaintiffs in litigation against Chevron Corp. on March 6 urged the U.S. Court of Appeals for the Second Circuit to vacate several recent orders by Southern District Judge Lewis Kaplan (See Profile) and to replace him with another judge. According to a 47-page petition for a writ of mandamus by James Tyrrell Jr. of Patton Boggs, Kaplan is determined to circumvent a January 2012 ruling by the circuit holding that it is not up to him to decide whether an Ecuadoran court’s $19 billion judgment against the oil giant for damage to the environment merits worldwide recognition.
“The district court has engaged in a systematic, pervasive, biased, and disrespectful effort to evade and defy this Court’s instructions,” Tyrrell wrote in the mandamus petition. “The district court is again attempting to engage in an unlawful race to res judicata with courts presiding over the [Amazonian plaintiffs'] judgment recognition actions in Canada, Argentina, and Brazil, thereby attempting to deprive them of, or at least interfere with, their consideration of enforcement based on their own laws.”
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