MARKET SHARE LIABILITY

Question 1

Suffolk County Water Authority v. Dow Chemical Company (perc case)

Answer 1

Plaintiff found chemical “perc” had contaminated it’s water and sued multiple companies for companies for contamination–Court found market share liability was good because unsure of specific company and it was a fungible product

Question 2

State of New Hampshire v. Exxon Mobil Corp. (gasoline case)

Answer 2

Plaintiff sued gas companies because MTBE was added to contaminated groundwater–Court found Exxon to be liable under market share liability based on factors

Question 3

Black v. Apex Corp. (asbestos case)

Answer 3

Plaintiff filed suit alleging plaintiff’s husband was exposed to asbestos products during work–Court found no market share liability because products were not fungible and all contained different amounts of asbestos