Complex Litigation - MTBE Litigation

MDL 1358, In re MTBE Products Liability Litigation. In the first phase of MDL 1358, Thompson Coburn LLP played a significant role. The plaintiffs alleged that their private wells were contaminated from or threatened by methyl tertiary butyl ether (MTBE) in the groundwater. The suits sought class treatment in a number of states, and they were consolidated in the Southern District of New York under the MDL rules. Thompson Coburn represented one oil company as lead counsel in this first round of MDL 1358 litigation and also served as co-counsel for two other oil companies in this action. Thompson Coburn had a lead role within the defense group's consolidated motion to dismiss. See 175 F. Supp. 593 (S.D.N.Y. 2001). In addition, Thompson Coburn was an integral player in the defense group's successful effort to defeat class certification. See 209 F.R.D. 323 (S.D.N.Y. 2002).

Thompson Coburn has significant experience in litigating complex environmental matters not just in Missouri and Illinois, but in many jurisdictions around the country. The cases range from multi-plaintiff suits and class actions arising from chemical releases to single plaintiff lawsuits seeking millions in recovery for property damage, personal injury claims or both. Cases have included air, surface water and groundwater issues, with suits brought under state tort theories and under a wide array of federal statutes, including CERCLA, RCRA, TSCA, FIFRA, Clean Air Act and Clean Water Act, among others. A number of significant matters have involved resolving enforcement actions and/or criminal investigations, and remediation oversight, and then handling the private litigation that ensues.