Shook Orange County Trial Team Obtains Verdict in Contaminated Property Case

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.