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Keywords

plaintiffdefendantlitigationdepositiondiscoverymotionwillcorporation
plaintiffdefendantlitigationdepositiondiscoverymotionwillcorporation

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Doe v. Exxon Mobil Corp.

Facts

This litigation arises out of the plaintiffs' allegations that they (or their next-of-kin) suffered human-rights abuses because of the efforts of the defendantsExxonMobil Corporation and Exxon Mobil Oil of Indonesia ('EMOI')to secure a natural gas facility in Aceh, Indonesia. As part of the litigation, the plaintiffs took the Rule 30(b)(6) deposition of EMOI's corporate representative, Mark Snell. In that deposition, Mr. Snell 'refused to answer most of the substantive questions posed to him. Instead, he repeatedly read nonresponsive statements verbatim from pre-prepared notes.' Following the deposition, the plaintiffs moved for sanctions and, in response, defendants cross-moved for sanctions.

This litigation arises out of the plaintiffs' allegations that they (or their next-of-kin) suffered human-rights abuses because of the efforts of the defendantsExxonMobil Corporation and Exxon Mobil Oil of Indonesia ('EMOI')to secure a natural gas facility in Aceh, Indonesia. As part of the litigation, the plaintiffs took the Rule 30(b)(6) deposition of EMOI's corporate representative, Mark Snell. In that deposition, Mr. Snell 'refused to answer most of the substantive questions posed to him. Instead, he repeatedly read nonresponsive statements verbatim from pre-prepared notes.' Following the deposition, the plaintiffs moved for sanctions and, in response, defendants cross-moved for sanctions.

Issue

Whether defense counsel violated Rule 11(b)(3) by making unsupported allegations about opposing counsel's character during the litigation.

Whether defense counsel violated Rule 11(b)(3) by making unsupported allegations about opposing counsel's character during the litigation.

Rule

Rule 11(b)(3) imposes a duty on presenters to make a reasonable inquiry into the facts and to believe that the factual contentions have or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Rule 11(b)(3) imposes a duty on presenters to make a reasonable inquiry into the facts and to believe that the factual contentions have or will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Analysis

The court determined that defense counsel violated Rule 11(b)(3) because they made allegations about opposing counsel's demeanor that were not supported by the record. The court noted that the defense counsel's claims about opposing counsel being 'agitated and combative' lacked evidentiary support, leading to the conclusion that the defense counsel did not conduct a reasonable inquiry into the facts before making such assertions.

The court determined that defense counsel violated Rule 11(b)(3) because they made allegations about opposing counsel's demeanor that were not supported by the record.

Conclusion

The court admonished the defense counsel for their violation of Rule 11(b)(3) and granted the plaintiffs' motion for sanctions while denying the defendants' cross-motion.

The court admonished the defense counsel for their violation of Rule 11(b)(3) and granted the plaintiffs' motion for sanctions while denying the defendants' cross-motion.

Who won?

The plaintiffs prevailed in the case because the court found that the defense counsel's allegations against opposing counsel were unsupported and constituted a violation of Rule 11.

The plaintiffs prevailed in the case because the court found that the defense counsel's allegations against opposing counsel were unsupported and constituted a violation of Rule 11.

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