18-1170
Exxon Mobil v. Healey

                              United States Court of Appeals
                                  For the Second Circuit



                                      August Term 2019

                                 Argued: February 18, 2020
                                  Decided: March 15, 2022

                                          No. 18-1170



                               EXXON MOBIL CORPORATION,

                                      Plaintiff-Appellant,

                                                v.

     MAURA TRACY HEALEY, in her official capacity as ATTORNEY GENERAL OF
     MASSACHUSETTS, and LETITIA JAMES, in her official capacity as ATTORNEY
                          GENERAL OF NEW YORK, *

                                     Defendants-Appellees.



                        Appeal from the United States District Court
                          for the Southern District of New York
                          No. 17-cv-2301, Valerie Caproni, Judge.


Before: KEARSE, SULLIVAN, AND BIANCO, Circuit Judges.



*The Clerk of Court is respectfully directed to amend the caption as set forth above. Additionally,
pursuant to Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Attorney General Letitia
James is automatically substituted as a Defendant-Appellee for the former Attorney General of
New York, Barbara D. Underwood.
        Plaintiff-Appellant Exxon Mobil Corporation appeals the dismissal of its
complaint against the New York and Massachusetts Attorneys General, which
alleged that the states’ investigations into Exxon’s purportedly deceptive speech
regarding climate change were motivated by viewpoint discrimination and
violated Exxon’s constitutional rights. During the pendency of this appeal, the
New York Attorney General closed the New York investigation and commenced
an enforcement action, which resolved in Exxon’s favor and is not being appealed
by the state. Because these events have mooted Exxon’s claims against the New
York Attorney General, we lack jurisdiction over those claims. As to Exxon’s
claims against the Massachusetts Attorney General, Exxon could have pursued the
relief it now seeks in an earlier Massachusetts state court proceeding arising from
the same events that underlie the present suit; its claims against the Massachusetts
Attorney General are thus barred under the doctrine of res judicata.
        We therefore dismiss the appeal as to the New York Attorney General and
affirm the district court’s judgment as to the Massachusetts Attorney General.

      DISMISSED IN PART AND AFFIRMED IN PART.

                                JUSTIN ANDERSON, Paul, Weiss, Rifkind,
                                Wharton & Garrison LLP, Washington, District of
                                Columbia (Theodore V. Wells, Jr., Daniel J. Toal,
                                Paul, Weiss, Rifkind, Wharton & Garrison LLP,
                                New York, New York; Patrick J. Conlon, Daniel E.
                                Bolia, Exxon Mobil Corporation, Spring, Texas, on
                                the brief), for Plaintiff-Appellant Exxon Mobil
                                Corporation.

                                SETH SCHOFIELD, Assistant Attorney General
                                (Richard A. Johnston, Melissa A. Hoffer,
                                Christophe G. Courchesne, Amanda Morejon,
                                Assistant Attorneys General, on the brief), for
                                Maura T. Healey, Attorney General of the
                                Commonwealth of Massachusetts, Office of the
                                Attorney General of Massachusetts, Boston,
                                Massachusetts, for Defendant-Appellee Attorney
                                General of Massachusetts.

                                         2
ANISHA S. DASGUPTA, Deputy Solicitor General
(Scott A. Eisman, Assistant