Author Topic: IN DEFIANCE OF JUDGE’S RULING IN CLIMATE CASE, NEW YORK ATTORNEY GENERAL REFUSES TO COMPLY WITH DISC  (Read 257 times)

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Offline thackney

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IN DEFIANCE OF JUDGE’S RULING IN CLIMATE CASE, NEW YORK ATTORNEY GENERAL REFUSES TO COMPLY WITH DISCOVERY REQUESTS
https://eidclimate.org/in-defiance-of-judges-ruling-in-climate-case-new-york-attorney-general-refuses-to-comply-with-discovery-requests/
MARCH 12, 2019

The New York Attorney General’s Office (OAG) is refusing to comply with ExxonMobil’s discovery requests even after the New York Supreme Court ruled the company could proceed with discovery related to the AG’s investigation of its climate change disclosures. The company is seeking documents that would support its allegation that the OAG is pursuing its investigation in bad faith.

Since the OAG initiated its investigation into ExxonMobil more than three years ago, its arguments have shifted multiple times, as each of the allegations of fraud has lacked evidence. However, in addition to highlighting the questionable legal agenda, recent court filings demonstrate how the OAG has methodically denied ExxonMobil’s discovery requests in an effort to delay the exercise, possibly in the hope that the OAG can convince the judge to dismiss the company’s defenses.

Right to Discovery Upheld by New York Supreme Court

Justice Barry Ostrager ruled in February that the OAG could file a motion to dismiss ExxonMobil’s defenses, but that in the meantime, “Exxon Mobil is privileged to pursue discovery on its defenses.”

“Civil litigants may not avoid their discovery obligations by challenging the legal viability of an adversary’s claims,” ExxonMobil writes in one letter to the OAG. “Therefore, ExxonMobil maintains that OAG’s objections are improper to the extent they are predicated on a legal challenge to ExxonMobil’s affirmative defenses. OAG may not credibly withhold documents responsive to the Affirmative Defense Requests.”

The OAG’s efforts to hinder ExxonMobil’s right to discovery stand in stark contrast to the actions of the defendant. For instance, the OAG claims that documents requested by ExxonMobil are protected by various privileges, “without identifying each document withheld and the basis for invoking any privilege,” according to one letter from ExxonMobil. In another letter, the company writes that the OAG’s reluctance to turn these documents over suggests that certain privilege assertions appear to be “facially dubious.”

Conversely, ExxonMobil has provided the OAG with more than 2,800 pages of privilege logs. In fact, throughout the entirety of this investigation, ExxonMobil has turned over more than four million pages of documents; so many pages that they would stand taller than the Empire State Building if stacked on top of each other....
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Offline Smokin Joe

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Well, cut 'em off. Stop selling to New York. They have done all they could to hamper energy development, let them do without. When the people there are tired of that, maybe they'll have a different government.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
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There are no "Socialists", no "Progressives", only Communists, with every negative image that totalitarianism might muster, demanding fealty and conformity to their views, with a legacy of 150,000,000 dead and counting.

Offline verga

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WOW he must have testicles the size of watermelons. Isn't that  contempt of court and can't you spend a little time in jail thinking about your behavior.
In a time of universal deceit - telling the truth is a revolutionary act.
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Online catfish1957

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A lttle background.   This particular AG who is heavily involved with the Clinton (Crime) Foundation,  was given marching orders by the Clinton's to attack XOM on the Climate front, after XOM decided to quit (donatng to) paying the Clinton's Tribute Money.

Want proof?  4,000,000 pages for discovery?   I hope this bastard sees some jail time if this intent can be extracted.
I display the Confederate Battle Flag in honor of my great great great grandfathers who spilled blood at Wilson's Creek and Shiloh.  5 others served in the WBTS with honor too.

Online catfish1957

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WOW he must have testicles the size of watermelons. Isn't that  contempt of court and can't you spend a little time in jail thinking about your behavior.

XOM has deep pockets, and believe me has the resources to extract a politically biased criminal operation via investigation.  They may have some goods on the guy.
I display the Confederate Battle Flag in honor of my great great great grandfathers who spilled blood at Wilson's Creek and Shiloh.  5 others served in the WBTS with honor too.

Offline jmyrlefuller

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Well, cut 'em off. Stop selling to New York. They have done all they could to hamper energy development, let them do without. When the people there are tired of that, maybe they'll have a different government.
No, the ones who are hurt by that will just leave until it's just the ruling clique, and they have their liberal utopia.

Offline Smokin Joe

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No, the ones who are hurt by that will just leave until it's just the ruling clique, and they have their liberal utopia.
They will bloody well deserve it too. Let 'em cut the cards to see who takes out the trash.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression


There are no "Socialists", no "Progressives", only Communists, with every negative image that totalitarianism might muster, demanding fealty and conformity to their views, with a legacy of 150,000,000 dead and counting.


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