The Vermont Superior Court hearing the State’s case against fossil fuel companies under the Vermont Consumer Protection Act (VCPA) denied the defendants’ motions for interlocutory review of the court’s denial of their motions to dismiss. The court rejected the defendants’ contentions that the court’s ruling turned on controlling questions of law, finding that issues identified by the defendants—whether the companies’ statements were within the scope of the VCPA, whether statements constituted commercial speech under the First Amendment, when VCPA claims accrue, the application of the VCPA to wholesale suppliers, and personal jurisdiction—instead involved questions of fact. The court also found that the prong of the interlocutory appeal analysis requiring that an immediate appeal may materially advance the termination of litigation was not satisfied.

Consumer protection lawsuit brought by the State of Vermont against fossil fuel companies alleging deceptive and unfair business practices in connection with the companies' sale of their products.

Vermont v. Exxon Mobil Corp.

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Vermont Court Denied Interlocutory Appeal Request for Denial of Motion to Dismiss State’s Consumer Protection Case Against Fossil Fuel Companies

Filed

United States of America

Vermont

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Vermont Court Denied Interlocutory Appeal Request for Denial of Motion to Dismiss State’s Consumer Protection Case Against Fossil Fuel Companies

Fossil fuel

Economic sector