New Hampshire Supreme Court

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New Hampshire Supreme Court upholds $236 million judgment in case concerning alleged MTBE groundwater contamination 

October 05, 2015

The New Hampshire Supreme Court affirmed in relevant part the trial court’s rulings and the jury’s verdict. It concluded that New Hampshire state law recognized market-share liability and also that the injury to wells was not speculative.

U.S. Chamber files amicus brief

November 03, 2014

In its brief, the Chamber asked the New Hampshire Supreme Court to reverse the superior court’s $236 million judgment against Hess for MTBE contamination of the state’s groundwater.

The brief argues that the superior court’s ruling fundamentally alters the core principles of tort litigation in order to facilitate the state’s desire to litigate aggregated claims of alleged MTBE pollution throughout the state in a single case. The Chamber points out that the court not only dispensed with traditional tort-causation requirements, but also allowed the state to recover damages for injuries that have not yet occurred and which may never occur. The Chamber warns that the court’s action in this matter will have the effect of promoting the litigation of weak and speculative claims which will greatly increase the cost of doing business in the state and will be detrimental to businesses as well as consumers.

Matthew J. Matule, John H. Beisner, and Geoffrey M. Wyatt of Skadden, Arps, Slate, Meagher & Flom LLP represented the U.S. Chamber as co-counsel to the U.S. Chamber Litigation Center in this case.

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