Legal Opinion

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

District Court, S.D. New York

Decided July 16, 2002No. 00 Civ. 1898(SAS); MDL No. 1358PublishedCited by 125 opinions

1Opinion of the Court

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

Plaintiffs are residential well owners who brought several actions against twenty oil companies, of whom one or more had allegedly caused contamination of their well water. The suits allege negligence, strict liability, failure to warn, nuisance, trespass, and failure to report toxic substance releases as required by federal law.1 Plaintiffs now seek to proceed as a class pursuant to Rule 23(b)(2) or, in the alternative, Rule 23(b)(3) of the Federal Rules of Civil Procedure.

Plaintiffs have made every conceivable argument to persuade…

2Cases cited91 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996
  5. In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996

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3Cited by125 opinions

  1. In Re Initial Public Offering Securities Litigation.Court of Appeals for the First Circuit · 2006
  2. Miles v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2006
  3. Brecher v. Republic of ArgentinaCourt of Appeals for the Second Circuit · 2015
  4. Shook v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2008
  5. Clark v. McDonald's Corp.District Court, D. New Jersey · 2003

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