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NY v Exxon, State Court rules in XOM's favor and excoriates the State's case

Posted on 12/10/19 at 2:22 pm
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 12/10/19 at 2:22 pm
If you followed this at all, the result is as it should have been, but being in NY, there was always a question of politics...the law prevailed. Here's a good twitter thread breaking out and examining the decision:





LINK
Posted by Centinel
Idaho
Member since Sep 2016
43334 posts
Posted on 12/10/19 at 2:24 pm to
Sorry, but I'll have to wait until Greta weighs in on this decision's impact on global climate warming.

Posted by C
Houston
Member since Dec 2007
27822 posts
Posted on 12/10/19 at 2:31 pm to
Any damages to Exxon? Any penalties to the AG for wasting the courts time? Otherwise the special relationship between liberal AGs and Liberals with deep pockets will continue to harass companies.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 12/10/19 at 2:48 pm to
Not often, but occasionally the law is interpreted and not created.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27470 posts
Posted on 12/10/19 at 3:42 pm to
Unfortunately no because it was the state as plaintiff....sovereign immunity

ExxonMobil wins but New York does not lose

Sux but it is better than ExxonMobil loses and New York wins
Posted by Icansee4miles
Trolling the Tickfaw
Member since Jan 2007
29180 posts
Posted on 12/10/19 at 3:44 pm to
The amount of money and resources spent defending this POS lawsuit were astounding. And it had less substance than the Mueller investigation
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 12/10/19 at 3:45 pm to
quote:

Unfortunately no because it was the state as plaintiff....sovereign immunity

ExxonMobil wins but New York does not lose

Sux but it is better than ExxonMobil loses and New York wins



I don't think loser-pays is the law anywhere in these United States...regardless of State immunity.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98700 posts
Posted on 12/10/19 at 4:03 pm to


Couldn't happen to a nicer douchebag (and state)
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57205 posts
Posted on 12/10/19 at 4:15 pm to
So another bogus "investigation" makes XOM stock price drop, so NY uses this as proof XOM was doing dirty deeds.
This post was edited on 12/10/19 at 4:16 pm
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 12/10/19 at 4:22 pm to
Reminds me of when ABC reported Trump was caught colluding with the Russians and it caused the stock market to nose dive.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 12/10/19 at 5:04 pm to
Good one. Keep it up. I think it's working.

Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 12/10/19 at 5:09 pm to
quote:

Good one. Keep it up. I think it's working.


Posted by Quidam65
Q Continuum
Member since Jun 2010
19307 posts
Posted on 12/10/19 at 5:47 pm to
quote:

I don't think loser-pays is the law anywhere in these United States


In some cases, it is in Texas.

On one of my audits, a defense contractor was sued by a prospective employee for not being hired and as a result being "blackballed" in his chosen field.

After the plaintiff presented his case, contractor requested and was granted a directed verdict. Contractor was awarded attorney's fees and costs.

(I learned about this because when I asked the contractor how much they were reimbursed, or if the plaintiff appealed the costs, they replied that they chose not to collect due to costs of doing so. Then tried to claim their costs as a reimbursable overhead expense to the government.)
Posted by DeafVallyBatnR
Member since Sep 2004
16828 posts
Posted on 12/10/19 at 5:53 pm to
Losers sometimes pay court cost and attorney fees.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 12/10/19 at 7:17 pm to
Yes, in special cases, usually to the individual plaintiff against industry/Corp, but not generally. I don’t think of those as “loser pay”, but you’re correct.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 12/11/19 at 12:20 am to
Yup. English rule versus the American rule. English rule, loser always pays. American rule, only get paid under certain circumstances.
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