Christian
AUSTIN – After being sent back to committee on a point of order yesterday, proponents of House Bill 2144 – legislation that seeks to restore the tort of public nuisance back to its original intent – believe the bill will be back on the calendar soon.
From climate change litigation to bombarding Big Pharma with opioid lawsuits, the legal theory of public nuisance has become somewhat of a “catch all hammer” for local governments and the trial lawyers they hire.
For example, in a case currently before the Texas Supreme Court, ExxonMobil is arguing California local governments are using climate change lawsuits to chill free speech and commandeer public policy.
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Pawa
AUSTIN – The parties accused of orchestrating climate change “lawfare” against the energy sector are feigning shock that their attempts to chill speech and commandeer public policy could be subjected to personal jurisdiction in Texas courts, ExxonMobil argues in a recently filed brief.
Last June, an appellate court ruled it does not have jurisdiction over California cities and counties pursuing climate change lawsuits against the energy sector.
The case is now currently before the Texas Supreme Court. Justices have been tasked to decide if ExxonMobil has the authority to investigate those who allegedly orchestrated the litigation.
Exxon argues that the “potential defendants use tort suits to impose their preferred climate and energy policies on Texas.”
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