After the New York attorney general’s office said during closing arguments in its enforcement action against Exxon Mobil Corporation (Exxon) that it was abandoning two fraud counts, Exxon filed a post-trial motion opposing the request to discontinue the claims. Exxon said the attorney general’s “last-minute gambit to avoid judicial repudiation of its claims should not be countenanced” because New York’s procedural rules bar unilateral discontinuance of claims after the close of evidence and because any exercise of discretion by the court to permit the attorney general to discontinue the claims would be inappropriate. Exxon argued that without “express acknowledgment” that the evidence did not show the intent or reliance necessary for the fraud claims, Exxon “can never repair the reputational damage … inflicted on the Company and its employees” or deter “copycat litigants” from pursuing identical claims. If the court allowed the attorney general to withdraw the fraud claims, the two remaining claims would be a Martin Act securities fraud cause of action and a related claim under New York’s Executive Law.

Action alleging fraudulent scheme by Exxon Mobil Corporation to deceive investors about the company's management of risks posed by climate change regulation.

People of the State of New York v. Exxon Mobil Corp.

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Exxon Asked New York Trial Court to Reject Attorney General’s Withdrawal of Fraud Claims

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United States of America

New York

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Exxon Asked New York Trial Court to Reject Attorney General’s Withdrawal of Fraud Claims

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Greenhouse gas