The Lawsuits

MTBE Product Liability Claims. The first MTBE product liability claims were filed in 1998 in Millett v. Atlantic Richfield Co., No. Civ. A-CV-98-555 (Cumberland County, ME). Several more product liability cases were filed in 1999, e.g., Maynard v. Amerada Hess Corp., No 99-CVS-00068 (New Hanover County, NC); Communities for a Better Env’t v. Unocal Corp., No. 997013 (S.F. County, CA); South Tahoe Pub. Util. Corp. v. Atlantic Richfield Co., No. 999128 (S.F. County, CA). A relatively small but steady stream of cases was filed between 1999 and 2003. Between late 2003 and early 2004, approximately 60 cases were filed on behalf of approximately 150 water providers or governmental entities against more than 75 defendants in 16 states (CA, CT, FL, IA, IL, IN, KS, LA, MA, NH, NJ, NY, PA, VA, VT, WV). Since then, a number of additional cases have been filed.

MDL 1358. In October 2000, the Judicial Panel on Multidistrict Litigation transferred purported class action cases brought on behalf of private well owners in 18 states against nearly all refiners operating in the US to a federal district court in the Southern District of New York for consolidated proceedings. These consolidated cases were collectively referred to as “MDL 1358, In re MTBE Product Liability Litigation.”  Click here to read more about MDL 1358

The courts denied plaintiffs’ motions to certify the classes in MDL 1358 and in the Maine and North Carolina cases in 2000-2002. The cases were subsequently resolved.

Subsequent cases, including those consolidated in MDL 1358 II

Most of the cases filed since 2002 have been filed in state court and subsequently removed to federal court.  A few cases were filed in federal court originally.  The Judicial Panel for Multidistrict Litigation has transferred all cases filed in federal court for consolidated pretrial proceedings before the same federal district judge who presided over the original MDL 1358 proceedings.  This further round of consolidated cases is referred to as “MDL 1358 II.”  In addition, a small number of cases either have been returned to state court after removal to federal court or have remained in state court. 

The bulk of cases filed since 2002 have been settled.  One case has gone to trial against a single oil company defendant.  In that trial, the plaintiff City of New York received a verdict in its favor.  That case is currently on appeal to the United States Court of Appeals for the Second Circuit.