Disir
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The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead. By a vote of 7-1 (with Justice Samuel Alito not participating), the justices agreed with the companies – which include BP, Chevron and Exxon Mobil – that a federal appeals court had the power to review an entire order sending the case back to state court, rather than only one of the grounds on which the companies relied to move the case to federal court.
The case, BP PLC v. Mayor and City of Council of Baltimore, originated three years ago as a lawsuit by the city of Baltimore seeking to hold the companies responsible for their role in climate change. The city contends that the companies knew that the use of fossil fuels would lead to global warming but continued to produce and sell fossil fuel products anyway.
The Supreme Court did not weigh in on the merits of the city’s case. Instead, the fight before the court was over procedure. The city filed its case in a Maryland state court. But defendants, particularly out-of-state corporations, sometimes try to move lawsuits to federal court, especially if they believe that the judge or jury will be more favorable to them there or if they want to take advantage of federal rules. That is precisely what Chevron did in this case: It transferred the suit to a federal court in Maryland – a procedure known as “removal.” The city then asked the federal district court to send the case back to state court, and the district court agreed – a procedure known as “remand.” The companies appealed that ruling to the U.S. Court of Appeals for the 4th Circuit.
There is an opinion piece in WaPo that considers these lawsuits as "shake downs" and I am inclined to agree. I am not a fan of the corporations by any means.
The case, BP PLC v. Mayor and City of Council of Baltimore, originated three years ago as a lawsuit by the city of Baltimore seeking to hold the companies responsible for their role in climate change. The city contends that the companies knew that the use of fossil fuels would lead to global warming but continued to produce and sell fossil fuel products anyway.
The Supreme Court did not weigh in on the merits of the city’s case. Instead, the fight before the court was over procedure. The city filed its case in a Maryland state court. But defendants, particularly out-of-state corporations, sometimes try to move lawsuits to federal court, especially if they believe that the judge or jury will be more favorable to them there or if they want to take advantage of federal rules. That is precisely what Chevron did in this case: It transferred the suit to a federal court in Maryland – a procedure known as “removal.” The city then asked the federal district court to send the case back to state court, and the district court agreed – a procedure known as “remand.” The companies appealed that ruling to the U.S. Court of Appeals for the 4th Circuit.
Court revives federal appeal for oil and gas companies in climate-change case
The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead. By a vote of 7-1 (with Justice Samuel Alito not participating), the justices agreed with the companies –...
amylhowe.com
There is an opinion piece in WaPo that considers these lawsuits as "shake downs" and I am inclined to agree. I am not a fan of the corporations by any means.
