1 232. Throughout the times at issue, Defendants failed to adequately warn any consumers 2 or any other party of the climate effects that inevitably flow from the use or foreseeable misuse of 3 their fossil fuel products. 4 233. Throughout the times at issue, Defendants individually and in concert widely 5 disseminated marketing materials, refuted the generally accepted scientific knowledge at the time, 6 advanced pseudo-scientific theories of their own, and developed public relations materials that 7 prevented reasonable consumers from recognizing the risk that fossil fuel products would cause 8 grave climate changes, undermining and rendering ineffective any warnings that Defendants may 9 have also disseminated. 10 234. Given the grave dangers presented by the climate effects that inevitably flow from 11 the normal use or foreseeable misuse of fossil fuel products, a reasonable extractor, manufacturer, 12 formulator, seller, or other participant responsible for introducing fossil fuel products into the 13 stream of commerce, would have warned of those known, inevitable climate effects. 14 15 16 17 18 235. Defendants’ conduct was a direct and proximate cause of Plaintiff’s injuries and a substantial factor in the harms suffered by Plaintiff as described in this Complaint. 236. Defendants’ acts and omissions as alleged herein are indivisible causes of Plaintiff’s injuries and damages as alleged herein. 237. Defendants’ wrongful conduct was oppressive, malicious, and fraudulent, in that 19 their conduct was willful, intentional, and in conscious disregard for the rights of others. 20 Defendants’ conduct was so vile, base, and contemptible that it would be looked down upon and 21 despised by reasonable people, justifying an award of punitive and exemplary damages in an 22 amount subject to proof at trial, and justifying equitable disgorgement of all profits Defendants 23 obtained through their unlawful and outrageous conduct. 24 25 26 238. Plaintiff is entitled to recover damages and other appropriate relief for the foregoing negligent failure to warn. 239. Wherefore, Plaintiff prays for relief as set forth below. 27 28 SHER EDLING LLP COMPLAINT 89