Litigation

Overview

Businesses and their insurers have retained us to represent their interests in a broad variety of environmental litigation matters. This includes cases involving contaminated properties, toxic torts, pest control, product liability, asbestos, and mold.

When disputes arise, our attorneys work quickly and diligently to identify the key factual and legal issues and develop a strategy that is geared to meeting client goals. We craft discovery carefully and with an eye towards narrowing the issues and the potential for summary judgment or settlement. In those instances where matters go to trial, our attorneys know what it takes to present complex data and expert testimony to juries in comprehensible, common sense fashion. 

Experience

Experience

  • Environmental litigation

    Represents clients defending and pursuing claims under federal environmental statutes, including RCRA and CERCLA cost-recovery actions.  Recent successes include obtaining summary judgment in favor of a client in a multi-party environmental cleanup cost recovery action.

  • SRB Southeastern Real Estate Investors, LLC v. Jean Luc Liverato and Expanded Technologies, Inc

    Defended factory and factory owner in nuisance claim by condominium developer asserting that factory caused condominiums to vibrate, thus deterring sales of many units. Forestalled injunction for year, while plant relocated and expanded.

    Assisted client in negotiation of design build contract for very large warehouse in Salt Lake City, Utah.

  • National Environmental Policy Act

    Representation of public agencies and developers in preparation of, and litigation over, its environmental documents prepared pursuant to the National Environmental Policy Act.

  • C&R Battery CERCLA litigation

    Private action under CERCLA arising out of battery-breaking site near Richmond, Virginia. Defended four corporations among more than 100 in case, which settled after discovery.

  • Hanna et al. v. Textron

    Claims of more than 200 individuals for personal injuries arising from exposure to VOCs in well water. Took depositions of 20 plaintiffs, and case was settled before expert phase of discovery.

  • Successful defense of Comverge, Inc. in patent infringement action relating to energy usage management

    Nxegen, LLC and Nxegen Holdings, Inc. v. Comverge, Inc.

    At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a one-month period, amend the complaint to allege ...

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