- Weil serves as lead trial counsel for ExxonMobil in a number of disputes in state and federal courts relating to the use of MTBE as an additive in gasoline. The actions have been brought by various States, including New Hampshire, Vermont and New Jersey, seeking to recover for alleged groundwater contamination at sites throughout those states. The federal action, involving claims by the State of New Jersey, is part of the MDL currently pending in the Southern District of New York. The other actions are pending in state court.
- Weil represented several officers and directors in a shareholder derivative action alleging they breached their fiduciary duties by failing to properly oversee the company’s development of the Point Thomson Unit of the North Slope of Alaska. The court granted our motion to dismiss.
- Weil negotiated an extremely favorable settlement for the client in a multidistrict litigation filed in federal court in Kansas comprising more than 30 putative class actions that have been filed against motor fuel retailers (MFRs) throughout warmer regions of the United States. Plaintiffs allege that they pay billions of dollars extra every year because of MFRs’ alleged failure to adjust the size or price to account for thermal expansion – wherein a gallon of gasoline or diesel fuel has less energy content at warmer temperatures than the same gallon would have at cooler temperatures – and that they are entitled to past damages.
Weil serves as lead trial counsel for Repsol S.A., a large Spanish energy company, in defending a lawsuit in Essex County New Jersey State Court involving hundreds of millions of dollars in claims relating to the contamination of the Passaic River and related sites. The claims against Repsol involve allegations of fraudulent conveyances, alter ego/piercing corporate veil involving a series of transactions related to corporations alleged to have responsibilities for the sites at issue.
Weil successfully represented solar technology company Specialized Technology Resources, Inc. (STR) in a protracted litigation in connection with statutory and common law misappropriation claims dating back to 2007 in a case involving STR’s proprietary technology used in the manufacture of encapsulants that protect solar panels.