Environmental Litigation

There are a variety of ways in which environmental issues can become litigation matters.  For landowners with contaminated parcels, litigation often involves the negotiation of investigative and clean-up measures with governmental authorities, or the attempt to recoup costs from others.  Litigation involving insurance coverage involves whether there is, or is not, insurance coverage to a particular discharge.

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Representative Matters

  • Magnus v. Hawks Nursery Company, Milwaukee County Circuit Court, Wisconsin (2002)

    (Case involving flooding due to excessive rainstorms; obtained summary judgment for insured)

  • City of East Troy v. J.R.L. Enterprises, United States District Court for the Eastern District of Wisconsin (2000)

    (Toxic tort action; obtained summary judgment for insured; case settled on appeal)

  • Anaya, et al. v. BASF Corporation, et al., Milwaukee County Circuit Court, Wisconsin (1999)

    (Toxic tort action; obtained de minimis settlement for insured).

  • Savers Prop. & Cas. Ins. Co. v. Indus. Safety & Environ. Servs., Inc.

    3:12-CV-528 RLM (N.D. Ind. March 25, 2014); Obtained summary judgment on the pleadings for an insurer in an environmental contamination case where alleged conspiracy was not a continuing act of the insured that fell after the retroactive date.

  • Brunswick Corp. v. Allstate Ins. Co.

    (Ill. Cir. Ct. 2011); Summary judgment based on late notice of claim involving PCB contamination.