ORANGE
COUNTY, Calif., May 21, 2024
/PRNewswire/ -- Shook, Hardy & Bacon has obtained a jury trial
win in a Resource Conservation and Recovery Act (RCRA) and
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA, or Superfund) matter.
Shook represented the owner of an apartment complex who filed a
civil lawsuit against Excalibur Fuels and other defendants seeking
mandatory and prohibitory injunctions under RCRA and reimbursement
of response costs under CERCLA due to Defendants' contamination
that migrated onto the apartment property. The jury found in favor
of Shook's client on the RCRA, CERCLA, and common law trespass
claims. Shook will file a motion to recover its attorneys' fees and
cost under RCRA after judgment is entered.
"The trial is believed to be the first private citizen
RCRA/CERCLA civil jury trial in the country," said Shook, Hardy
& Bacon Partner Jad Davis, who also leads the firm's
Orange County office.
Shook attorneys who helped secure the successful result include
Orange County Managing Partner Jad Davis as first chair, Associate
Tom Wynsma as second chair, and Associate Brandon Gilligan as third
chair.
Shook lawyers have successfully handled environmental and toxic
tort cases in state and federal courts and administrative tribunals
across the nation. The firm has managed private cost recovery
actions under CERCLA; civil and environmental actions instituted by
government agencies; private party environmental litigation; and
settlements in complex multiparty cases. Shook's clients include
those in the chemical, petroleum, utility, agricultural, food,
airline, automotive, mining, cement, shipping, pharmaceutical,
ethanol, and paper industries.
This case is entitled 12909 Cordary, LLC v. Berri, No.
22-01748 (C.D. Cal, May 8,
2024).About Shook, Hardy & Bacon
Founded in 1889, Shook, Hardy & Bacon L.L.P. has 19 offices
in the United States and
London, with attorneys and
professional staff serving clients in the health, science and
technology sectors in areas ranging from product liability defense
and business litigation to intellectual property prosecution and
litigation, environmental and toxic tort, privacy and data security
and regulatory counseling.
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SOURCE Shook, Hardy & Bacon L.L.P.