Legal Scholars Amicus Brief in Support of Plaintiff-Appellee in Delaware V. BP (Filed with Third Circuit Apr. 21, 2022)

37 Pages Posted: 2 May 2022

See all articles by Karen C. Sokol

Karen C. Sokol

Loyola University New Orleans College of Law

Date Written: April 21, 2022

Abstract

Amicus brief filed with the U.S. Court of Appeals for the Third Circuit (No. 22-1096) arguing that federal law requires that Delaware's deceptive marketing cases against fossil fuel companies be remanded to state court.
Instead of responding to these claims in state court, Defendants removed this case on the ground that, contrary to Delaware’s well-pleaded complaint, the state’s claims are not based on deceptive marketing, but rather on “interstate and international emissions.” Whether such claims would justify removal is highly questionable in any case, but it is irrelevant in this one because that is not the cause of action that Delaware pleaded. Because there is no basis for removing Delaware’s state deceptive marketing claims, this Court should uphold the district court’s order remanding Delaware’s case to state court.
Failing to remand in this case would upend the civil justice system by allowing Defendants to be the masters of Delaware’s complaint and compromise the constitutional balance between state and federal judicial authority that the laws governing federal removal are designed to maintain. Further, a failure to remand would deprive state courts of their authority to apply well-established state tort and statutory laws that provide state residents with a distinctive combination of vital, long-standing public health and safety protections in the form of compensation, deterrence, and public accountability. The existence of such state laws—and a fortiori state judicial authority to apply them—are an important example of our federal system of democratic governance at work.

Keywords: climate disinformation, deceptive marketing, federal removal, fossil fuel industry disinformation, tort, consumer protection

Suggested Citation

Sokol, Karen C., Legal Scholars Amicus Brief in Support of Plaintiff-Appellee in Delaware V. BP (Filed with Third Circuit Apr. 21, 2022) (April 21, 2022). Available at SSRN: https://ssrn.com/abstract=4091688 or http://dx.doi.org/10.2139/ssrn.4091688

Karen C. Sokol (Contact Author)

Loyola University New Orleans College of Law ( email )

7214 St. Charles Avenue, Box 901
New Orleans, LA 70118
United States
504-861-5593 (Phone)
504-861-5733 (Fax)

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