Sher Leff, LLP obtains 9th largest jury verdict of 2009
Law Technology News - Verdict Search

October 19, 2009
Victor Sher, Lead Trial Counsel for the City of New York, Obtains $104.7 million Jury Verdict Award Against Exxon Mobil

A federal jury found Exxon Mobil Corporation responsible for contaminating the City of New York's groundwater and drinking water supply with the gasoline additive methyl tertiary butyl ether (MTBE).

The City of New York's case was the first case from the Multi-District Litigation (MDL-1358 In Re Methyl Tertiary Butyl Ether) to go to trial and result in a verdict. The 11 week trial was in the United States District Court Southern District of New York in front of the Honorable Shira Scheindlin.

"We are delighted with the verdict. This is an important outcome for water suppliers dealing with MTBE throughout the country. It makes clear that even the biggest corporation in the world must protect drinking water and pay to clean it up when their products pollute it" said Sher.

Exxon Mobil was the only defendant not to have settled claims with the City of New York. Other oil companies including Shell, BP, Chevron, Citgo, Hess and Sunoco settled with the City prior to trial.

Articles regarding the case:
New York Times
The Wall Street Journal
Bloomberg News
Reuters
ABA Journal
American Lawyer
CSP

August 24, 2009
Jury Begins Deliberations In Exxon Mobil MTBE Case

The jury has already begun deliberations for phase two of the trial in which the City of New York is trying to hold Exxon Mobil Corporation liable for groundwater contaminated by MTBE.

In early August, the jury found that the City of New York intended in good faith to build a treatment facility to treat the water from the five contaminated wells.

In phase two of the trial, the jury will decide at what levels and how far into the future the contamination will persist.

"All underground gasoline tanks leak, and even conservative estimates say tens of thousands of gallons of gasoline could have leaked into the groundwater. Limitations in leak detection technology mean as much as 657,000 gallons of gasoline could have entered the groundwater absolutely undetected during the time MTBE was used as a gasoline additive. At the rate the groundwater is naturally 'recharged' it might take more than 324 years for MTBE to be completely removed. We can't just wait for nature to take care of it." said Vic Sher.

Articles regarding the case:
Law360

August 7, 2009
City of New York Claims Exxon Mobil Corporation is Liable for Contaminated Well Water In Queens

The City of New York is trying to convince a federal jury that Exxon Mobil Corporation knew that Methyl Tertiary Butyl Ether (MTBE) would contaminate groundwater.

The City's case against Exxon Mobil Corporation is for the contamination of groundwater wells in Jamaica, Queens. In 2003 The City sued 23 oil companies for the contamination. Prior to trial, it had reached settlements with 22 of the 23 defendants for a total of $15 million.

In opening statements, Victor Sher (lead trial lawyer for the City of New York) argued that Exxon knew from its own research as far back as the early 1980's that MTBE would pose a serious risk of groundwater contamination if it were added to gasoline. He also argued that there were other alternatives, such as ethanol, which did not pose the same hazardous threats to groundwater.

Articles regarding the case:
The New York Times

Exxon Additive Fouled New York Ground Water
Bloomberg News August 4, 2009

Scope of Gas Case At Issue
State Sues Saying MTBE Leaked into Drinking Water
Concord Monitor June 6, 2008

N.H. preps for MTBE showdown
State sues companies over additive cleanup
Concord Monitor May 25, 2008

Oil Giants To Pay for Tainted Wells
San Jose Mercury News May 11, 2008

Cal-Water Wins $49.7 Million in Gasoline-Additive Settlement
The Mercury News May 10, 2008

MTBE Settlement Could Grow, Lawyers Say
Legal Newsline May 9, 2008

MTBE Contamination Settlement Could Cost Oil Companies $423 Million
Los Angeles Times May 8, 2008

Oil Companies Settle MTBE Groundwater Suit
Reuters May 8, 2008

Victor M. Sher selected as as one of "Northern California Super Lawyers" since 2005. 

MTBE Litigation Moves Forward In New York
Lawyers Weekly USA  March 28, 2005

Victor Sher opened the tap on massive MTBE settlements
The Recorder  January 27, 2005

Recorder Correction to January 27, 2005 Article
The Recorder

Cal-Am Sues Big Oil Over Groundwater Pollution
November 6, 2003

Provisions Benefiting Energy Industry Are Folded into Bill
Washington Post   October 12, 2003

GPO back Firms' Liability Relief from MTBE Lawsuits
Chronicle Environment Writer   October 8, 2003

Coalition Sues Fuels Firms over Water-Pollution Threat
Sacramento Bee   October 5, 2003

Orange County Water District Initiate Lawsuit Against Gasoline Companies
Orange County Water District   May 7, 2003

Shell Settles with Tahoe Utility
Reno Gazette-Journal   October 5, 2002

Oil Companies Settle Lawsuit Over MTBE In Lake Tahoe
San Francisco Daily Journal   Aug 6, 2002

CBS-TV Program 60 Minutes January 16, 2000
Station CBS-TV
Program 60 Minutes

MTBE Risk to Drinking Water was known for Years
Sacramento Bee   Mar 16, 1999