City of New York v. Exxon Mobil Corp.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

In my June 9, 2009 Opinion, I held that the City of New York (“the City”) may seek punitive damages for claims that proceed under the commingled product theory.1 I also determined that a defendant’s liability resulting from its contribution to a defective commingled product is merely several, as opposed to joint and several.2 However I did not decide “which party bears the burden of proof for apportionment” of liability for such claims.3 The City now moves for a ruling in limine that defendant bears this burden and defendant…