- Won the denial of a Motion to Approve a Partial Settlement Agreement in a CERCLA Contribution case that had proposed cutting off our client’s cross claims and limiting our ability to put on a defense at trial.
- Obtained no-dollar and low-dollar settlements and dismissals with prejudice for 18 clients in two multiparty, multimillion-dollar CERCLA contribution lawsuits alleging liability for arranging for the disposal of hazardous substances via the sales of used electrical transformers allegedly insulated with polychlorinated biphenyl (PCB) oil.
- Won an award of $200,000 in attorney’s fees for client as sanctions for Plaintiff’s filing a frivolous CERCLA lawsuit; recently affirmed on appeal by the Court of Appeals for the Seventh Circuit.
- Extricated a Virginia landowner from threatened Clean Water Act responsibility concerning stormwater runoff through abandoned tailings, pipes and culverts that run between stream branches.
- Aided beneficiaries of inherited Iowa farmland containing abandoned municipal landfill, in negotiations with EPA and potentially responsible parties for cleanup of the property.
- Developed strategy and pursued declaratory judgment and breach of contract actions against two excess insurers for failure to defend and indemnify pipeline owner in litigation stemming from an underground plume in Hartford, Illinois. The court recently awarded the client summary judgment.
- Represented Missouri Legal Ethics Counsel in preventing disclosure of a confidential advisory opinion provided to a criminal defense attorney.
- Won summary judgment for two electrical utilities against the United States Department of Justice in a CERCLA case where the court agreed that the sales of used transformers for purposes of resale were not arrangements for the disposal of hazardous substances.
- Won summary judgment in two environmental insurance cases in which the court agreed that an insurance company had breached its duty to defend our clients against actions brought by the Illinois EPA and private parties for the cleanup of former landfills in Sauget, Illinois. The court held that the insurer’s failure to timely and fully defend our clients resulted in the insurance company being estopped from asserting all coverage defenses, including the absolute pollution exclusion.
- Obtained a temporary restraining order in Illinois Circuit Court prohibiting an Alabama attorney from soliciting personal injury clients in southern Illinois in violation of the prohibition against the unauthorized practice of law and forcing removal of his “Toxic Waste Lawsuit” billboard advertisement.
- On appeal, won argument to limit the scope of officer/shareholder liability under CERCLA. This was the first U.S. Circuit Court of Appeals decision to rule that a plaintiff asserting claim for operator liability under CERCLA must allege that corporate managers directly and personally engaged in conduct that led to specific environmental damage.