CleanFuture, Inc. v. Motive Energy, Inc.

The parties resolved all claims not already dismissed in a 2020 settlement.

The court granted the defendants’ motion to dismiss certain claims, finding that many of the plaintiff’s claims were barred by the economic loss rule.

The plaintiff, an energy industry consultant with expertise in generating carbon credits, entered into a contract with the defendants, suppliers of forklift batteries and chargers and electric battery management products, in which the plaintiff would collect information on electric forklift fleets and generate Low Carbon Fuel Standard credits for the defendants. The plaintiff generated credits for the defendants and alleged that it shared confidential and proprietary information with them on how to navigate the carbon credit process. The plaintiff also alleged that the defendants then began “steer[ing] CleanFuture's customers toward their own competing LCFS company.”