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The Climate Litigation Database
Litigation

Exxon Mobil Corp. v. City of San Francisco

Date
2018
Geography

About this case

Documents

Filing Date
Type
Action Taken
Document
Summary
02/18/2022
Decision
Petition for review denied.
The Texas Supreme Court denied Exxon Mobil Corporation’s petition for review of an intermediate appellate court’s decision that held that Texas courts did not have personal jurisdiction over California municipalities and municipal officials and an attorney who originally represented San Francisco and Oakland in their climate lawsuits against fossil fuel companies. Exxon sought pre-suit discovery against these parties to determine whether the lawsuits were brought “to suppress the Texas energy sector’s Texas-based speech and associational activities regarding climate change and to gain access to documents that Exxon keeps in Texas.” The lower appellate court found that the parties lacked the requisite minimum contacts with Texas to be subject to personal jurisdiction.
01/25/2022
Letter
Letter filed by Blake A. Hawthorne to join brief of amicus curiae Murry B. Cohen.
01/24/2022
Amicus Motion/Brief
Brief of amicus curiae Murry B. Cohen filed.
01/18/2022
Reply
Reply brief on the merits filed by petitioner.
12/01/2021
Brief
Brief on the merits filed by respondent Matthew Pawa.
12/01/2021
Brief
Brief on the merits filed by governmental respondents.
09/10/2021
Brief
Brief filed by Exxon Mobil Corporation on the merits of granting review.
Exxon Mobil Corporation filed a brief in the Texas Supreme Court arguing that the court should review the decision of an intermediate appellate court that held that Texas courts did not have personal jurisdiction over California municipalities and municipal officials and an attorney who originally represented San Francisco and Oakland in their climate lawsuits against fossil fuel companies. Exxon had filed a petition seeking pre-suit discovery against these parties to determine whether their lawsuits were “baseless and brought in bad faith as a pretext to suppress the Texas energy sector’s Texas-based speech and associational activities regarding climate change and to gain access to documents that Exxon keeps in Texas.” Exxon’s arguments included that the Texas Supreme Court should hear the case to confirm that the municipalities’ lawsuits were aimed at chilling speech by the Texas energy sector on climate change and that this constituted meaningful contacts with the Texas forum.
05/06/2021
Amicus Motion/Brief
Letter brief filed by Texas governor as amicus curiae in support of the petitioner.
Texas Governor Greg Abbott submitted a letter brief as amicus curiae in support of granting review, writing that “[w]hen out-of-state officials try to project their power across our border, as respondents have done by broadly targeting the speech of an industry crucial to Texas, they cannot use personal jurisdiction to scamper out of our courts and retreat across state lines.”
10/02/2020
Petition
Petition for review filed.
Exxon Mobil Corporation (ExxonMobil) filed a petition in the Texas Supreme Court seeking review of an intermediate appellate court’s reversal of a trial court order that permitted ExxonMobil to seek presuit discovery against California cities and counties that had filed lawsuits in California to hold ExxonMobil and other energy companies liable for the impacts of climate change. ExxonMobil sought to conduct the discovery—which also would extend to California local officials and an outside attorney—“to evaluate potential claims for constitutional violations, abuse of process, and civil conspiracy” arising from “an alleged conspiracy … to use tort lawsuits against ExxonMobil and seventeen other Texas-based energy companies as a pretext to suppress Texas-based speech about climate and energy policies.” ExxonMobil asked the Texas Supreme Court to “confirm that longstanding precedent of this Court and the U.S. Supreme Court supports exercising jurisdiction over the potential defendants for their improper effort to suppress speech in Texas.”

Summary

Exxon Mobil Corporation petition seeking pre-suit depositions and documents in anticipation of potential claims of abuse of process, conspiracy, infringement of Exxon's rights in connection with California municipalities' climate change lawsuits.