Court Says Real Estate Lawyer Can Testify In Case of MTBE-Contaminated Property

March 3, 2011, 9:01 PM UTC

A real estate attorney’s opinion on when remediated property became usable is admissible evidence in a lawsuit seeking to hold an oil company responsible for the cleanup of a former gas station, a federal district court has ruled (CDR-Wantagh Inc. v. Shell Oil Co.).

The U.S. District Court for the Eastern District of New York said in a Feb. 28 opinion that the attorney’s professional experience made his testimony reliable.

The ruling came in a lawsuit by CDR-Wantagh Inc., which sued Shell Oil Co. claiming it could not use the property it leased to Shell because of contamination ...

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