In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
OPINION & ORDER #97742, the City's motion in limine (following the 6/9/09 Opinion) is granted in part and denied in part. Exxon's liability is several on those claims brought under the commingled product theory. The burden of production and persuasion concerning apportionment rests on Exxon, which must establish a reasonable basis for such apportionment. (Signed by Judge Shira A. Scheindlin on 7/14/09) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-03417-SAS(cd) Modified on 7/16/2009 (eef).
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