U.S. District Court for the Eastern District of Texas Dismisses All Claims Against Justice Fund in Exxon Mobil Corporation v. Robert Andres Bonta, et al.

On Friday, February 13, Hecker Fink obtained the dismissal of all claims that Exxon Mobil Corporation brought against the firm’s client, Australian environmental charity Intergenerational Environment Justice Fund (“Justice Fund”) in the U.S. District Court for the Eastern District of Texas. Exxon had sued Justice Fund, as well as California Attorney General Robert Bonta and several U.S.-based environmental nonprofits, for defamation and other torts in connection with public statements about plastic pollution and Exxon’s “advanced recycling” program. Exxon’s Texas suit followed litigation the U.S. nonprofits and Attorney General Bonta brought against Exxon in California, where they alleged that Exxon has misled the public about the recyclability of plastic products. Justice Fund provided support to the U.S. nonprofits’ California lawsuit, which remains ongoing.

In Friday’s decision, Judge Michael J. Truncale held that there was no basis for exercising personal jurisdiction over Justice Fund in Texas. Rejecting Exxon’s assertion that Justice Fund had subjected itself to suit in the state, Judge Truncale ordered all claims against the charity dismissed. Judge Truncale similarly held that there was no jurisdiction over the U.S. nonprofits. The decision is a vindication of Justice Fund’s ability to continue its important advocacy concerning single-use plastics and plastic pollution in the United States and elsewhere.

The Hecker Fink team includes Joshua Matz, Matthew Craig, John Quinn, Reed Keefe, Noelle Wyman, and Madison Singh.

Read the full decision here.