Judge Marbley, in his order overruling FirstEnergy’s objections, stated that the company had not demonstrated that the investigations were primarily motivated by legal reasons rather than business reasons, such as deciding whether to fire executives.
FirstEnergy aimed to shield the documents from a class of investors and from ex-CEO Chuck Jones and former Senior Vice President of External Affairs Michael Dowling, who had also moved to compel their production. Both men have been indicted for their alleged roles in the bribery scheme, and FirstEnergy argued they intended to use the materials to aid their defenses.
The underlying class action, filed in 2020, claims that investors suffered significant losses when the scandal emerged. Investors accused the Ohio-based utility company of misleadingly covering up its handling of the financial issues surrounding its nuclear power plants.
Judge Marbley certified the class last year, though that decision is currently on appeal before the Sixth Circuit.
