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Sunday, August 10, 2014

Magic Petroleum Corporation v. Exxon Mobil Corporation (A-46-12;


Magic Petroleum Corporation v. Exxon Mobil Corporation
          (A-46-12; 069083)
          Plaintiff property owners or other responsible parties
          may file contribution claims in Superior Court, and a
          court may allocate liability before the final
          resolution of a site remediation plan by the DEP.  The
          trial court may assign liability based on evidence
          presented at trial, but may not be able to issue a
          final damages award.  In addition, a party need not
          obtain written approval of the remediation plan prior
          to filing a claim for contribution.