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In re Methyl Tertiary Butyl Ether Products Liability Litigation

ELR Citation: 44 ELR 20063
Nos. 1:00-1898, (S.D.N.Y., 03/14/2014) (Scheindlin, J.)

A district court denied a motion to dismiss an oil company's lawsuit against a gas station operator and gasoline transporter in which it seeks contribution for groundwater contamination under the New Jersey Joint Tortfeasors Contribution Law, the New Jersey Comparative Negligence Act, and the New Jersey Spill Compensation and Control Act. The operator and transporter argued that the company failed to prove a causal nexus between their alleged discharges and the groundwater contamination at issue. But there are triable issues of material fact as to causation. The company produced evidence that the operator and transporter were responsible for spills at the site. It also produced an expert report linking the discharges to the off-site contamination. The motion for summary judgment was therefore denied.