Client Results, Environmental Law

Barring Plaintiff's $31M Damages Claim

May 11, 2015

Succeeded in barring a plaintiff’s $31 million damages claim against our client, leading to the immediate entry of judgment in favor of our 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.

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