ELR Citation: 52 ELR 20033
No(s). 18-1170 (2d Cir. Mar 15, 2022)

The Second Circuit affirmed in part and dismissed in part a district court ruling in a lawsuit brought by an oil company against the New York and Massachusetts attorneys general. The company had argued the states' investigations into the company's allegedly deceptive speech concerning climate change were motivated by viewpoint discrimination and violated its constitutional rights. The district court dismissed the claims against both states, finding that the suit against Massachusetts was precluded by res judicata and that the suit against New York failed to state a claim. The appellate court found that the company's claims against New York were moot because the state had concluded its investigation while the appeal was pending, and that its claims against Massachusetts were barred under the doctrine of res judicata because the company could have pursued the relief it now seeks in an earlier state proceeding arising from the same underlying events. It dismissed the company's appeal as to New York and affirmed the district court's dismissal as to Massachusetts.