In an article discussing Exxon Mobil's attempt to limit its exposure to damages for pollution at two refineries prior to enactment of New Jersey's Spill Compensation and Control Act, partner Marilynn Greenberg was quoted about the Superior Court's ruling.
Greenberg says "there does seem to be question of whether, in this economic climate, the state will be able to use these outside lawyers to pursue loss of use cases or even charge it against their in-house counsel."
"Whether they are going to devote resources to this and not be able to collect legal fees is a question in this economic climate," she says.
She also says the ruling isn't clear enough to give definitive guidance on the fee issue and that more analysis by the Appellate Division is required.
