IN RE METHYL TERTIARY BUTYL ETHER LITIGATION

Nos. 00 MDL 1898(SAS), 04 Civ. 3417(SAS).

643 F.Supp.2d 461 (2009)

In re METHYL TERTIARY BUTYL ETHER ("MTBE") PRODUCTS LIABILITY LITIGATION. This Document Relates to: City of New York, et al., Plaintiffs, v. Exxon Mobil Corporation, Defendant.

United States District Court, S.D. New York.

July 14, 2009.


Attorney(s) appearing for the Case

Robin Greenwald, Esq., Robert Gordon, Esq., Weitz & Luxenberg, P.C., New York, NY, for Plaintiffs.

Victor M. Sher, Esq., Todd E. Robins, Esq., Joshua G. Stein, Esq., Nicholas G. Campins, Esq., Marnie E. Riddle, Esq., Sher Leff LLP, San Francisco, CA, Susan Amron, Daniel Greene, Assistant Corporation Counsel, New York, NY, for Plaintiff City of New York.

Peter John Sacripanti, Esq., James A. Pardo, Esq., McDermott Will & Emery LLP, New York, NY, for Defendants and Counsel for Exxon Mobil Corporation.


OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

In my June 9, 2009 Opinion, I held that the City of New York ("the City") may seek punitive damages for claims that proceed under the commingled product theory.1 I also determined that a defendant's liability resulting from its contribution to a defective commingled product is merely several, as opposed to joint and several.

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