PART II  NOTE 18 Commitments  Guarantees and Contingent Liabilities Like hundreds of other industrial companies  we have been named as  one of many defendants in asbestos-related personal injury litigation.  Most of these cases allege personal injury or death resulting from  exposure to asbestos in premises of FMC or to asbestos-containing  components installed in machinery or equipment manufactured or sold  by discontinued operations. We intend to continue managing these  cases in accordance with our historical experience. We have established  a reserve for this litigation within our discontinued operations and  believe that any exposure of a loss in excess of the established reserve  cannot be reasonably estimated. In February 2005  putative direct and indirect purchaser class action  complaints were fi led against six U.S. hydrogen peroxide producers  (and certain of their foreign affi liates) in various federal courts alleging  violations of antitrust laws. Related cases were also filed in various  state courts. In January 2009  FMC reached an agreement to settle  with the direct purchaser class for $10 million  with a pro rata credit  for opt outs. The $10 million figure was included as a component  of “Restructuring and other charges (income)” in our consolidated  statements of income for the year ended December 31  2008. Ten  companies (predominantly paper producers) opted out of this class  settlement. FMC settled with two of the ten companies for an amount  within the opt out credit described above. The remaining eight opt  outs filed suit against FMC and  in some cases  Foret. These cases were  assigned to the same judge as the class action. FMC’s motion to dismiss  the opt out claims to the extent they were based on foreign purchases  was granted on April 1  2010. FMC has settled the remaining claims  of these eight opt outs for an aggregate of $1.7 million which is net  of a $0.3 million opt out credit. Another individual opt out case was  dismissed following the bankrupt opt out’s decision to participate in  the class settlement. FMC settled the indirect purchaser class claims for  $0.25 million. The settlement has been finally approved by the Court   and all remaining state court cases have been dismissed with prejudice.  We recorded the $2.0 million as a component of “Restructuring and  other charges (income)” in our consolidated statements of income  for the year ended December 31  2010. As a result  all U.S. litigation  against FMC regarding alleged price fi xing in the hydrogen peroxide  industry is now concluded. We still face putative class actions against  FMC and five other major hydrogen peroxide producers in provincial  courts in Ontario  Quebec and British Columbia under the laws  of Canada. Four of the defendants have settled these claims for a  total of approximately $20.5 million. On September 28  2009  the  Ontario Superior Court of Justice certified a class of direct and indirect  purchasers of hydrogen peroxide. FMC moved for leave to appeal  the class certifi cation decision  which was denied in June 2010. Th  e  Company intends to defend these cases. Since the proceedings are in  the preliminary stages with respect to the merits  we believe an exposure  of loss cannot be reasonably estimated. We have certain other contingent liabilities arising from litigation   claims  performance guarantees and other commitments incident  to the ordinary course of business. Based on information currently  available and established reserves  the ultimate resolution of our known  contingencies  including the matters described in this Note 18  is not  expected to have a material adverse effect on our consolidated fi nancial  position or liquidity. However  there can be no assurance that the  outcome of these contingencies will be favorable  and adverse results  in certain of these contingencies could have a material adverse eff ect on  our consolidated financial position  results of operations or liquidity. In late June 2004  we were served in a lawsuit captioned “Lewis et  al v. FMC Corporation”  which was filed in United States District  Court for the Western District of New York. The suit was brought by  thirteen residents of Middleport  New York who allege that we violated  certain state and federal environmental laws and seeks injunctive relief  and monetary damages for personal injuries and property damage in  connection with such alleged violations. A motion for summary was  filed by the Company in 2007 and is expected to be decided in 2011.  We believe this suit is without merit  and therefore have not established  a reserve for it. 69 FMC CORPORATION    2010 Form 10K