Thank you for sharing!

Your article was successfully shared with the contacts you provided.

THE court adopted a bellwether approach to consolidated multidistrict litigation (MDL) asserting groundwater contamination by use of the fuel additive methyl tertiary butyl ether (MTBE). Trial in the instant case alleging MTBE contamination of New York City’s groundwater well system in Jamaica, Queens, focused on the as yet incomplete “Station Six” facility. The court’s Oct. 19, 2009, Station Six verdict left unresolved the city’s claim under the Toxic Substances Control Act (TSCA). The TSCA claim was stayed pending conclusions of appeals of the Oct. 19, 2009, judgment. The court entry of final judgment on the Station Six claims pursuant to Federal Rule of Civil Procedure 54(b), deeming the TSCA claim separable from the city’s various Station Six claims including nuisance, trespass and negligence. Further, the TSCA claims involved at least one issue—Exxon Mobil’s actual knowledge that the Environmental Protection Agency was “already informed of” substantial risk information—outside the scope of the Station Six claims. The court further determined that failure to provide appellate review of the bellwether trial would work an injustice on all MDL parties and that appellate review of Station Six clams would promote district court efficiency.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.