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Texas Judge says Exxon can sue shareholders for submitting proposals they don't like

Discussion in 'Too Hot for Swamp Gas' started by WarDamnGator, May 22, 2024.

  1. WarDamnGator

    WarDamnGator GC Hall of Fame

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    Judge rules Exxon can sue activist shareholder over climate proposal (cnbc.com)

    Here is the wonderful world that Trump judges will bring us, where democracy is attacked from all angles. A group with a substantial amount of shares wanted to submit a proposal at the shareholder meeting, as is normally their right, to pressure Exxon to accelerate their climate change initiatives. Keep in mind, this a shareholder's meeting, where comments and proposals from substantial shareholders are normally allowed ...

    But Exxon sued the group ... so the group withdrew its proposal.

    But Exxon didn't stop there. They are continuing the with lawsuit to prevent this group, or other groups, from submitting other proposals they do not like. And even though this proposal is withdrawn, the Trumpster judge is allowing the suit to proceed.

    Exxon sued the two investors in January after they submitted a proposal to be tabled at the May 29 annual shareholder meeting that called for the company to accelerate carbon dioxide emissions reductions.

    Arjuna and Follow This subsequently withdrew the proposal, but Exxon proceeded with its claims against the two firms, arguing that they could file similar proposals at future shareholder meetings.

    Pittman said Arjuna and Follow This were following a “Trojan Horse” model in which they aggregate enough shares in oil companies to vote and submit proposals aimed at fighting climate change.

    The judge, appointed to the federal bench by former President Trump in 2019, said Exxon should not be faulted for distrusting the the activist investors. He said Arjuna could slightly modify its withdrawn 2024 proposal for submission to future shareholder meetings.
     
    • Informative Informative x 2
  2. tampagtr

    tampagtr VIP Member

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    This is not Pittman's first wild decision. The Fifth Circuit, the appellate court about him, is even wilder so they will likely affirm and may expand, forcing the shareholders to grovel in addition to paying damages.

    But the Supremes have really been slapping down the Fifth of late. In a more normal world, I would say that the Fifth Circuit would be feel a little bit chastised and may moderate. But I get the feeling everyone's auditioning now by trying to be the most crazy, and suddenly it's not important to care about what judges above you in the pecking order think of you, so long as the audience of one sees you as crazy enough to get you an appointment to be an associate justice under the Chief Justice Aileen Cannon Court
     
    Last edited: May 22, 2024
  3. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Texas.
    (That's it. That's my post)
     
  4. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    What defines a substantial amount? Did they have at least 1%?
     
  5. WarDamnGator

    WarDamnGator GC Hall of Fame

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    Doesn't say how many, but the OP quote says the group "aggregates enough shares in oil companies to vote and submit proposals" ...

    So they met the threshold, whatever it is, and Exxon sues them for exercising their privileges as stock holders ...
     
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  6. ncargat1

    ncargat1 VIP Member

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    Isn't that how public companies are supposed to work? The more shares that you accumulate, the more influence you exert over the company since you own an increasing amount of the company?
     
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  7. NavyGator93

    NavyGator93 GC Hall of Fame

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    This is frightening.
     
    • Agree Agree x 1
  8. archigator_96

    archigator_96 GC Hall of Fame

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    Seems weird to sue them considering the following. If they don't have a majority stake in the company, they can make all the proposals they want but it won't change anything since they don't have the power. Not sure how it works but if you got a lot of people that all their shares added up to a majority, then can they take power from the board or does it have to be in control of one person?
     
  9. ridgetop

    ridgetop GC Hall of Fame

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    On this surface this is absurd. Beyond dumb. I wonder if there is a lot more to the story. It just doesn’t make a lot of sense as it is.
     
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  10. BLING

    BLING GC Hall of Fame

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    It makes perfect sense.

    This is what “conservative” jurists would call tort reform.

    FL probably getting some ideas from this. You really wanna file that homeowners claim, pal? Well how about now your insurance company can sue YOU just for thinking about opening the claim. :emoji_joy:
     
    Last edited: May 23, 2024
  11. BLING

    BLING GC Hall of Fame

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    It also works under conservative guiding principal:

    The institutions and majority shareholder are the “donors” in Republican politics, the in-group to a corrupted FedSoc judge. A small activist shareholder is a “rabble rouser”, especially one whose participation is based in ESG. Pretty obvious in-group, out-group dynamic at play. So if you assume the “judge” is corrupted in this way, and we can definitely make that assumption about the 5th circuit, it makes perfect sense.
     
    Last edited: May 23, 2024
  12. channingcrowderhungry

    channingcrowderhungry Premium Member

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    Need a judge to rule we can sue judges for rulings we don't like.
     
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