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LIVE

Friday, 21 November, 2008, 19:10 GMT | more >>

ExxonMobil opposes Browne deposition

By Upstream staff

US supermajor ExxonMobil filed a court brief today opposing BP group chief executive John Browne's court-ordered deposition on Friday over the deadly 2005 explosion at BP's giant Texas City refinery, a lawyer representing blast victims said.

Brent Coon, a lawyer representing workers injured in the explosion in lawsuits against BP, is scheduled to question Browne for up to six hours on Friday morning at the London office of Houston-based law firm Fulbright & Jaworkski, Reuters reported.

ExxonMobil joined leading Texas business councils in asking the Texas Supreme Court to stop the deposition. A Texas appeals court cleared the way on 9 February for the deposition. Only the state supreme court can stop it.

"Companies would be reluctant to shift business operations to Texas if doing so meant that those activities could subject their senior officers ... to depositions in Texas," ExxonMobil and the councils argue, according to the brief.

Coon dismissed that argument. "They're saying if we go forward with Lord Browne's deposition, no one will do business in Texas," he said.

ExxonMobil spokesman Mark Boudreaux said the company was standing up for the principle that there must be clear proof that a chief executive's testimony is necessary and the information cannot be obtained from better-informed, lower-level managers who were directly involved.

"If this principle is eroded, then plaintiffs will seek CEO testimony in many cases for purposes of harrassment," Boudreaux said in a statement, saying ExxonMobil chairman Rex Tillerson could be called to testify in the large number of lawsuits Exxon faces around the world if the appeals court ruling stands.

A BP spokesman was not available to discuss the matter.

Fifteen workers were killed and 170 others injured in the blast at the Texas City refinery on 23 March 2005.

BP has taken responsibility for the explosion and set aside $1.6 billion to settle related lawsuits.

The company has also been hit with a $21 million fine from the US Occupational Safety and Health Administration. The US Chemical Safety and Hazard Investigation Board is scheduled issue its final report in March.

The US Justice Department is investigating possible criminal violations leading up to the explosion.

Jury selection is set to begin on Monday in a Galveston, Texas, court for the first case brought by workers injured in the explosion. BP has settled all of the lawsuits brought by the survivors of those killed in the blast.