Court of Appeals for the Second Circuit
Exxon has appealed its $100 million jury verdict regarding MTBE. The amicus brief filed in support of Exxon maintains that the entire award was based on hypothetical damage that might occur. The brief argues that an award based on a "if this then that" future injury violates basic tort principles of causation and could be very problematic in the product liability arena.
Status: PENDING. Amicus brief filed 4/28/11.