NH makes tort reform group's 'Judicial Hellholes' list
Albert "Buzz" Scherr, professor of law at the University of New Hampshire School of Law, said "it's a stretch to draw any conclusion whatsoever from this case."
The MtBE case is not a regular tort case, where a party is suing, say, an international fast food chain for liability, Scherr said. "This is a case where the state of New Hampshire was going after the entities that they were suing."
The American Tort Reform Foundation's "watch list" reference takes issue with New Hampshire Superior Court Justice Peter Fauver for trial decisions, the report says, are inconsistent with long-settled state law.
Earlier this December, the New Hampshire Executive Council approved using $22.3 million of $81.6 million in settlement funding to establish and implement an MtBE assessment and cleanup plan. The state Attorney General's Office sued gas manufacturers and marketers in 2003 for damages related to contamination, and the state settled with all except one of the defendants. The $81.6 million is separate from the ExxonMobil lawsuit and verdict.
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