Adam Cutler was quoted in the Law360 article "Exxon Defeat on Gas Additive Leaves Energy Cos. Vulnerable." While the full text can be found in the August 7, 2013, issue of Law360, a synopsis is noted below.
The Second Circuit's preservation of a $105 million verdict against Exxon Mobil Corp. over water contamination will make it tougher for energy companies to fend off pollution and public health claims, attorneys believe.
The Second Circuit's takedown of the preemption argument is a serious blow to an industry tactic that has often been used in methyl tertiary-butyl ether cases, according to Adam Cutler.
"The preemption argument seems to have been a significant argument for the industry in the past, and that seems now, at the very least to have some deficiencies that will lead them to have to sit down and go back to the drawing board to try to overcome," Cutler said.
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