Escolar Documentos
Profissional Documentos
Cultura Documentos
SJC-12376
show that the company knew, long before the general public, that
value as a company.
modify the C.I.D. Exxon argued that (1) Exxon is not subject to
and we transferred the case from the Appeals Court on our own
that the judge did not abuse her discretion in denying Exxon's
entirety.2
Manor Care, Inc., 416 Mass. 763, 772 n.6 (1994), citing
Rudzewicz, 471 U.S. 462, 472 (1985) ("The plaintiff's claim must
vs. Lines Overseas Mgt., Ltd., U.S. Dist. Ct., No. Civ.A. 04-302
Li, 768 F.3d 122, 141-142 (2d Cir. 2014) (personal jurisdiction
between the nonparty's contacts with the forum and the discovery
Walsh v. TelTech Sys., Inc., 821 F.3d 155, 160 (1st Cir. 2016),
quoting PMP Assocs., Inc. v. Globe Newspaper Co., 366 Mass. 593,
7
business entities").
with the times." Nei v. Burley, 388 Mass. 307, 313 (1983).
distinctly modern threat that grows more serious with time, and
and (b) the risk that climate change creates for the value of
Massachusetts-based activities.
9
more than 300 retail service stations under the Exxon and Mobil
BFA, the "BFA Holder" pays Exxon a monthly fee for the use of
Specifically, the monthly fee for the final five years of BFA
given period.
prong of § 3 (a).
Exxon[]."5
G. L. c. 93A, we disagree.
Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474 (1985). "The
Court of Cal., Solano County, 480 U.S. 102, 112 (1987). See
Massachusetts").
rel. State Corp. Comm'n, 339 U.S. 643, 647 (1950). See Baskin–
knowledge of "the risk that climate change creates for the value
316 (1945), quoting Milliken v. Meyer, 311 U.S. 457, 463 (1940).
See Burger King Corp., 471 U.S. at 477 (where court has
§ 4 (Attorney General may file civil actions "in the name of the
Attorney Gen., 380 Mass. 539, 544 (1980). See Attorney Gen. v.
Mass. 353, 356 (1977) (Yankee Milk) ("in C.I.D. matters there
Profiles, 404 Mass. at 157. See Yankee Milk, 372 Mass. at 364
interrogated party must show 'good cause' why demands should not
Yankee Milk, supra at 361 n.8. Here, a court must consider (1)
App. Ct. 717, 719-720 (1977) ("It cannot now be said that the
Law Offices, P.C. v. Attorney Gen., 83 Mass. App. Ct. 830, 834-
judge's conclusion that Exxon had not met its burden of showing
are not "plainly irrelevant," Yankee Milk, 372 Mass. at 360, the
fact that Exxon has already complied with a request for similar
c. 93A, § 6 (1).
27
Power," the Attorney General spoke about the basis for her
follows:
The judge denied Exxon's request, and we review that denial for
filed rule. See, e.g., EMC Corp. v. Parallel Iron, LLC, 914 F.
Suarez & Co., 719 F.3d 1, 15 (1st Cir.), cert. denied, 134 S.
Telebrands Corp., 824 F.3d 982, 984 (Fed. Cir. 2016); TPM
Cir. 1996) ("where the overlap between two suits is less than
Massachusetts statute).
C.I.D.
Judgment affirmed.