A federal judge in Puerto Rico has strongly criticized San Juan attorney David Efron for plagiarizing the complaint and briefs in the municipality’s ongoing climate lawsuit, calling it a “cautionary tale” for the legal community. U.S. District Judge Aida M. Delgado-Colón ordered Efron to explain why he should not face a $7,000 sanction after multiple untimely filings and a failure to adequately respond to opposing counsel’s communications. However, Judge Delgado-Colón determined that monetary sanctions alone would not sufficiently address the seriousness of the plagiarism involved.
The case centers on a lawsuit filed by San Juan against major fossil fuel companies, alleging that they misrepresented the climate dangers of their products. The complaint filed in December 2023 by Efron was found to be “almost a carbon copy” of a complaint previously filed by different counsel representing 40 other municipalities in Puerto Rico. Judge Delgado-Colón noted that the plagiarized complaint even referred to “this class action,” despite the fact that it was not a class action.
The plagiarism extended beyond the initial complaint. According to the judge, San Juan’s subsequent filings, including motions and opposition briefs, were “copycat briefs” that closely mirrored those filed in the other municipalities’ case. Additionally, San Juan’s racketeering statement, filed six months after the other municipalities, included references to the American Petroleum Institute as a defendant, even though it was not named in San Juan’s case.
Judge Delgado-Colón emphasized the severity of the misconduct, stating that Efron’s actions “run afoul not only of his duty of competence to his client but also his duty of candor to the court.” She noted that such conduct—lifting another lawyer’s work without attribution—was a violation of ethical standards and undermined the integrity of the legal profession.
The judge has instructed Efron to show cause as to why he should not be sanctioned for his actions. A separate order will address the plagiarism issue in more detail.
The case, Municipality of San Juan, Puerto Rico v. Exxon Mobil Corp. et al., is ongoing in the U.S. District Court for the District of Puerto Rico. The lawsuit alleges that fossil fuel companies, including Exxon Mobil, Chevron, and others, misrepresented the impact of their products on climate change, contributing to the destruction caused by Hurricanes Irma and Maria in 2017.
The court’s decision marks a significant moment in the ongoing legal battle between Puerto Rican municipalities and the fossil fuel industry, as climate change lawsuits continue to make their way through state and federal courts.
