Leon v. Exxon Mobil Corp.

Chevron Corporation and Chevron U.S.A. Inc. (Chevron) filed a notice of their removal to federal court of a wrongful death action filed by the daughter of a woman who died from hyperthermia in Seattle during the 2021 Pacific Northwest heat dome. All other fossil fuel industry defendants consented to the removal of the litigation. Chevron argued that there was diversity jurisdiction in federal district court because “the single purported Washington Defendant, Olympic Pipe Line Company LLC [(Olympic)], has been fraudulently joined and procedurally misjoined.” Chevron contended that “deception-based claims” could not be asserted against Olympic, which “merely transports fossil fuels—the company does not produce, let alone market to consumers, any fossil fuels,” and that even if a claim could be stated against Olympic, it would not arise out of the same transaction or occurrence as the claims against the other defendants.