The Massachusetts high court dismissed oil giant ExxonMobil’s motion to dismiss a state lawsuit accusing it of misleading investors on climate change Tuesday.
The Massachusetts Supreme Judicial Court ruled that the state could proceed with its lawsuit against ExxonMobil and that a free speech law didn’t protect the company’s activity in question, according to the decision written by Chief Justice Scott Kafker. [bold, links added]
Massachusetts Attorney General Maura Healey (pictured) filed a lawsuit against ExxonMobil in 2019, alleging that the company misled investors about the financial risks posed by fossil fuel-driven climate change through a “deceptive advertising” campaign.
The company knew about the [so-called] “catastrophic climate impacts” of burning fossil fuels but continued to mislead investors and the public, Healey said in 2019.
“Once again, Exxon’s attacks on my office and our case have been rejected by the courts,” Healey said in a statement Tuesday.
“Today’s ruling is a resounding victory in our work to stop Exxon from lying to investors and consumers in our state. Exxon’s repeated attempts to stonewall our lawsuit have been baseless, and this effort was no different.”
ExxonMobil argued in court that its advertising campaigns and other public statements were protected by the First Amendment.
But the state’s anti-SLAPP statute, which protects defendants against “strategic litigation” intended to silence them, doesn’t apply to state enforcement actions, the high court ruled Tuesday.
“Our review is determined by the threshold issue whether the anti-SLAPP statute applies at all to civil enforcement proceedings brought by the Attorney General,” Kafker wrote on behalf of the court. “We conclude that it does not, and therefore do not analyze whether Exxon Mobil’s actions constituted ‘petitioning’ or whether the other requirements for dismissal were met.”
Healey added Tuesday that her office was looking forward to showing how the company is breaking the law and putting “an end to the deception once and for all.”
Read rest at Daily Caller
OK, first this is NOT a big victory for the State of Massachusetts. All that has been decided is the case will proceed and Exxon’s motion for dismissal was denied. No one remembers (now), but back in 2018 the NY Attorney General brought a deceptive practices action against Exxon and FAILED MISERABLY. In the course of that trial, Exxon produces 4.5 MILLION pages of internal documents. Result? NO EVIDENCE that Exxon scientists had any firm conclusions on climate change risk. Just FACT. So, my guess is this lawsuit will., most likely, have a similar result. Typical activist approach. Vilify the PRODUCER and offer no CONSTRUCTIVE alternative to the valuable consumer products the defendant provides. At least these guys are consistent…
Big payoff big awards for false crisis the Vultures and Sharks are circling
In this case, big payoff is highly unlikely as already demonstrated in the similar New York verdict. Most likely, BIG WASTE of taxpayer money…