Greenberg Glusker`s Robert Chapman Secures $105M Damage Award in Exxon Groundwater Contamination Trial

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Mon Oct 19, 2009 6:41pm EDT

Acclaimed Veteran Litigator Obtains Victory in Major Public Water Supply
Environmental Claim
LOS ANGELES--(Business Wire)--
Greenberg Glusker today announced that Firm Partner Robert S. Chapman served as
lead trial counsel on the New York City trial team that today obtained a $104.7
million compensatory damage award against Exxon Mobil Corporation. The federal
jury found the oil company responsible for poisoning the City`s groundwater and
drinking water supply with the gasoline additive methyl tertiary butyl ether
(MTBE). 

The case, brought by the City of New York, was the first MTBE litigation in the
country to go to trial and result in a verdict. According to the financial news
agency Bloomberg, the City of New York`s verdict is the 13th largest jury
verdict in the nation in 2009. 

"Today, we achieved justice for the environment and improved safety for the
people of New York," said Chapman. He told Bloomberg that his argument to the
jury came down to these simple questions, "Can Exxon pollute the city`s
groundwater and get away with it? Can Exxon put MTBE into the city`s groundwater
and have a license to pollute?" 

During the 11-week trial, Chapman served as counsel along with attorney Victor
Sher of Sher Leff, LLP, a San Francisco law firm that specializes in water
quality cases, with overcall case oversight by Susan Amron of the New York City
Law Department. 

Chapman is a preeminent litigator and trial advocate with an extensive track
record of prevailing in high-profile, contentious matters. He has litigated
entertainment cases in both trial and appellate courts for more than 30 years.
He obtained a number of multi-million dollar trial court awards, including an
$80 million jury verdict, which is the largest ever obtained against a motion
picture studio. His litigation skills transferred readily to the high-stakes,
New York venue and contributed to the significant courtroom victory for cities
and water utilities. 

In the action, the City of New York accused Exxon Mobil, the biggest U.S. oil
company, of contaminating drinking water wells in the borough of Queens. It sued
for the costs of removing MTBE from the water supply. Thirty-three oil companies
previously settled similar contamination claims with New York. Exxon Mobil was
the lone holdout defendant. According to the City`s press release, "The jury
found Exxon liable for product liability for failure to warn people about the
dangerous nature of its product as well as trespass, public nuisance, and
negligence." 

About Greenberg Glusker - Celebrating Our 50th Anniversary in 2009

Recently recognized by Chambers USA and Legal 500, Greenberg Glusker helps
clients to maximize their potential by providing strategic business and legal
counsel in matters involving entertainment, real estate, land use,
environmental, intellectual property, technology, business, employment, estate
planning, taxation and litigation. For more information, visit
GreenbergGlusker.com.

Greenberg Glusker
Jonathan Fitzgarrald, (310) 785-6864
JFitzgarrald@greenbergglusker.com

Copyright Business Wire 2009

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