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.