Decision Provides Extensive Analysis of Standard for Disqualification of Law Firm Because of Prior Representation

Posted on September 12, 2011 by Grace Healy

I’ve seen a number of recent articles pointing out that law firms seem to be on a merger binge. That, coupled with lawyers moving from firm to firm, as well as bankruptcies, securities cases and mass torts – where the list of counsel often seems almost as long as a decision -- makes last month’s opinion in Roosevelt Irrigation Dist. v Salt River Project, from the Federal District Court in Arizona, a good resource for deciding whether to move to disqualify a firm because of some prior involvement in a matter. Disqualification motions in a CERCLA action were granted in a 127 page decision.

Thanks to Justia.com for posting a copy to download.
 

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Asbestos left in place doesn not trigger CERCLA or RCRA liability

Posted on December 12, 2008 by Grace Healy

Good news for any business (or individual for that matter) that has sold a property containing asbestos wrapped piping or boilers.  In Sycamore Industrial Park Associates v. Ericsson, Inc. the Seventh Circuit has ruled that there is no CERCLA or RCRA liability where the seller simply left the insulated equipment in place.  The appellate court affirmed summary judgment in the seller’s favor.

The seller left an old heating system in place when it sold the property to one of its employees.  The seller was no longer using the facility and the buyer wanted to use it as an industrial park.  The old unused asbestos insulated heating system was left in place.  Nineteen years later, asbestos was discovered in the old system.  The buyer sued the seller to compel removal of the asbestos.  It claimed that leaving the material there was a violation of CERCLA and RCRA.  However, the court ruled that the sale of the property was not “disposal” of the asbestos. The court did describe some circumstances in which this might not apply – such as a facility owner who wants to get rid of  a toxic retaining pond and sells a facility to an unsuspecting purchaser.

 

 


 

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