Ackerman v. Exxonmobil Corp.

I admire the majority’s deft circumnavigation of serious errors of fact and law in pursuit of an ultimately defensible result. I write separately because the district court’s errors were so many and of such significance that I cannot share the majority’s confidence that they did not contribute to that result. More importantly, I believe that leaving those errors not only unaddressed but unacknowledged will allow, if not encourage, their repetition.

My fundamental concern with the majority’s opinion is that in its magnanimity to a profoundly flawed disposition below, it omits critical facts at…