Exxon Mobil Corp. v. Office of the Attorney General

The Massachusetts Supreme Judicial Court affirmed a Superior Court order denying ExxonMobil Corporation’s (Exxon’s) motion to bar the Massachusetts attorney general from pursuing her investigation of whether Exxon’s marketing or sale of its fossil fuel products violated the Massachusetts consumer protection law. The Supreme Judicial Court held that Exxon was subject to personal jurisdiction in Massachusetts. The court also rejected Exxon’s argument that the civil investigative demand (CID) was “overbroad and unduly burdensome” or that it was “arbitrary and capricious” because it was issued “solely as a pretext.” In addition, the court concluded that disqualification of the attorney general’s office was not necessitated by her participation in the “AGs United for Clean Power” press conference and found that the Superior Court had not abused its discretion by denying a stay pending the resolution of Exxon’s federal lawsuit against the attorney general. The Supreme Judicial Court also affirmed the order granting the attorney general’s cross motion to compel Exxon’s compliance with the CID.