Succeeded in barring a plaintiff’s $31 million damages claim against his client, leading to the immediate entry of judgment in favor of his client, an international environmental engineering company. The plaintiff, a real estate investment trust (REIT), had sued the environmental engineering company in connection with the defendant’s alleged negligent assessment of environmental conditions existing on property purchased by the REIT. Focusing on the plaintiff’s $31 million claim for environmental remediation of the property, the judge concluded the REIT’s expert witness evidence was inadequate to support the damages claimed. Believing the evidence would inevitably lead to juror speculation on the question of damages, the court held that plaintiff’s damages evidence was fatally flawed, and ordered it barred. Ending the seven-year court battle, the judge then immediately entered judgment against the plaintiff and for our client.
Represented numerous clients in hazardous waste cases in over 25 states, including almost 100 Superfund sites across the nation.
Represented corporations targeted as “potentially responsible parties” throughout USEPA’s Region V, as well nationwide. Settlement was obtained for our client just before verdict in the Sauget, Illinois Superfund Site, and settlement was negotiated for our client in the $1 billion Fox River, Wisconsin sediment contamination contribution case, and the Waukegan Harbor, Illinois PCB harbor sediment cleanup. Further, a series of seven Administrative Orders on Consent (AOCs) was negotiated for a client involving dioxin sediment contamination of the Tittawabasee River in Michigan. Favorable settlement was also obtained for their plaintiff client in a contribution action against an environmental consultant for $1,750,000 in a dispute arising out of a commercial venture which failed in Chicago’s Streeterville neighborhood due to the discovery of radioactive thorium.
Represented corporations with de minimis exposure in CERCLA administrative proceedings, including the representation of 8 Fortune 500 companies at a $70 million NPL site in Indiana resulting in the largest ($24 million in payments by de minimis parties) negotiated De Minimis Administrative Order on Consent settlement in Superfund history.
Represented corporate clients in CAA federal and state enforcement actions, including the representation of a paper equipment manufacturer involving NESHAP asbestos abatement violations and Consent Decree negotiations.
Represented corporations in RCRA citizen suits, including the prosecution of RCRA citizen suits involving leaking USTs, and the defense of corporate defendants in other RCRA citizen suits involving the disposal of hazardous wastes.
Represented manufacturers and property owners in reporting and remediation obligations in connection with historic contamination and facility closures, including the partnering on a nationwide basis of our client, plus an environmental consulting firm and our practice Group, involving the remediation of almost 100 company stores across the country.
Represented counseling manufacturers and property owners in CERCLA and RCRA groundwater, river, and harbor sediment contamination matters.
Represented numerous companies in obtaining clearance of real estate transfers under various state statutes.
Represented purchasers, sellers, landlords, tenants and lenders in commercial and industrial real property acquisitions and transactions.
Represented clients in negotiating and drafting purchase/sale agreements, leases and loan documents, including clauses relating to environmental indemnifications, representations and warranties.