In 2016 Exxon was sued by the City Attorneys of Oakland, San Francisco, and other Municipalities contending Exxon had violated California’s public nuisance law by causing global warning and forcing cities to, among other things, build retaining walls.  Faced with these lawsuits, Exxon filed a Texas Rule of Civil Procedure 202 action in Fort Worth claiming its opponents in the California litigation engaged in a conspiracy to suppress Exxon’s free speech on climate change.

McKool Smith was retained by the City of San Francisco and several individual defendants to challenge personal jurisdiction over the defendants in the Rule 202 action, but the Fort Worth trial court denied our clients’ special appearances. On June 18, 2020, in a stunning reversal, the Second Court of Appeals Of Texas overturned the trial court’s ruling and found that our clients lacked the requisite minimum contacts to be subject to personal jurisdiction in Texas.

The municipalities and government officials are represented by McKool Smith principals Robert Manley, Richard Kamprath, and associate Alexandra Easley.

Read Law360's report here.

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