Column: Exxon Mobil is using a bizarre Texas rule to harass a California beach city

The cases are pending, but their procedural course is uncertain. In May, the U.S. Supreme Court ordered the 9th Circuit Court of Appeals to reconsider a ruling that returned them to state court after the oil and gas companies got them transferred to federal court.that the California lawsuits, along with cases brought by New York and Massachusetts attorneys general, are the product of a conspiracy hatched at a “conference of special interests” in La Jolla in June 2012.

None of the public officials now being targeted by Exxon Mobil was among the 22 attendees. They were mostly scientists, environmentalists and university professors; four were practicing lawyers. The participants were listed in the report, along with a group photograph. That brings us to Exxon Mobil’s attempt to exploit the Texas court system’s unique Rule 202, which allows prospective litigants to seek pre-lawsuit depositions and documents from potential targets and witnesses. Texas isn’t the only state allowing pre-suit depositions, but its rule is the broadest.

Some states and the federal courts provide for pre-suit depositions when it appears that testimony might not be available after a lawsuit is filed — a potential witness is terminally ill and might die before trial, say.

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