Exxon has lost another round in its battle to remove lawsuits against it from state courts, which allow broad pre-trial discovery.
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Exxon claimed the case was politically motivated and amounted to an attempt to prevent the company from exercising its free speech rights. The, composed entirely of judges marinated in that state’s oil soaked culture, recently heard similar arguments and pushed them rudely aside. Exxon also claimed the lawsuit violated state laws designed to prevent SLAPP suits — strategic lawsuits against public participation — which are often used by wealthy individuals and corporations to silence critics.
But there is a second reason while the oil and gas industry wants to be in federal court. Ultimately, any decision by a federal court will wind up in the lap of the US Supreme Court. Six of the current justices of that august body were suckled by the generosity of the Federalist Society, a group created largely at the behest of the Koch brothers. There is no way in God’s green earth those 6 so-called justices are going to allow any decision that undermines their benefactors to stand.
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