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

Filing 4605

STIPULATION RELATED TO SETTLEMENT as to TOTAL PETROCHEMICALS & REFINING USA, INC. ONLY: THEREFORE, in response to the Court's decision and theprevious objections of the non-settling defendants, plaintiffsstipulate and agree as follows:Plaintiffs agree to reduce any judgment, and ifnecessary, agree not to seek to collect or to collect in thislitigation, captioned New Jersey Department of EnvironmentalProtection v. Atlantic Richfield Co., MDL 1358, 08 Civ. 00312(S.D.N.Y.), or in any subsequent judicial, administrative orother action that arises as a result of the claims assertedin this litigation, any portion of any judgment under the NewJersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24 ("Spill Act"), that is allocated by the factfinder in this action to Total P&R based on its percentage ofrelative fault. Plaintiffs further agree that in any trial ofthis action, the trier of fact shall determine Total P&R'spercentage of relative fault for Spill Act claims in the samemanner and in the same form of trial verdict as for commonlaw claims and as for all other defendants, as if Total P&Rhad remained a non-settling defendant.Except as provided in paragraph 1 above, thisStipulation is strictly limited to the Total P&R Settlementin this litigation and in no other way limits or reduces theliability of any responsible party.This Stipulation is expressly contingent and effectiveonly upon the approval by the Court of the Total P&RSettlement. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/12/2021) Filed In Associated Cases: 1:00-cv-01898-VSB, 1:08-cv-00312-VSB-DCF (rro)