Forbes recently reported on arguments made in the Fort Worth Court of Appeals in a proceeding filed by ExxonMobil to investigate claims of viewpoint discrimination in violation of free speech rights guaranteed under the US and Texas Constitutions. In the proceeding, ExxonMobil seeks pre-suit discovery from representatives of several California cities and counties, including the cities of San Francisco and Oakland, that filed tort suits in California against ExxonMobil and other Texas-based energy companies over climate change and use of fossil fuels.
Each of the California respondents challenged the exercise of jurisdiction by a Texas court but those challenges were rejected by a Tarrant County District Judge. The respondents then appealed to Texas’ Second Court of Appeals in Fort Worth. After the parties filed extensive briefing, Cantey Hanger partner Ralph Duggins presented oral argument for ExxonMobil to a three-justice panel of the Court of Appeals. The Court is expected to issue a decision on the matter later this year.
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