In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4478

STIPULATION RELATED TO SETTLEMENT AS TO BP AMERICA INC., BP AMOCO CHEMICAL COMPANY, BP CORPORATION NORTH AMERICA INC. (F/K/A BP AMOCO CORPORATION), BP PRODUCTS NORTH AMERICA INC., AND ATLANTIC RICHFIELD COMPANY ONLY: THEREFORE, in response to the Court's decision and the previous objections of the non-settling defendants, Plaintiffs stipulate and agree as follows: Plaintiffs agree to reduce any judgment, and if necessary, agree not to seek to collect or to collect in this litigation, captioned New Jersey Department of Environmental Protection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312 (S.D.N.Y.), or in any subsequent judicial, administrative or other action that arises as a result of the claims asserted in this litigation, any portion of any judgment under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to 23. 24 ("Spill Act"), that is allocated by the fact finder in this action to the BP Defendants based on their percentage of relative fault. Plaintiffs further agree that in any trial of this action, the trier of fact shall determine the BP Defendants' percentage of relative fault for Spill Act claims in the same manner and in the same form of trial verdict as for common law claims and as for all other defendants, as if the BP Defendants had remained a non-settling defendant, and as further set forth in this order. (Signed by Judge Vernon S. Broderick on 12/22/2017) (ap)