Defending and Prosecuting Class Action Lawsuits
SKO was successful in multiple class action litigations on both the plaintiff and defense side. SKO oversaw multiple complex settlements with multi-thousand class member cases. SKO's class action clients have included a national insurance carrier, a national environmental consulting service, consumers defrauded by unfair commercial practices, a regional home builder, and national agriculture companies.
Complex Litigation of Superfund Cleanup Site
Louisville Industrial Park, LLC v. ExxonMobil Oil Corporation, et al., Case No. 3:14-CV-278-CRS (W.D. Ky., 2017). See also, FCBKy Holding, LLC v. Louisville Industrial Park, LLC, et al., Case No. 13-CI-402829 (Jefferson Circuit Court, 2013).
Originally presented with a foreclosure case by our bank client, the matter became further complicated when the location in question was declared a Superfund Site by the U.S. EPA. SKO negotiated a resolution that involved an acquisition under Kentucky’s brownfields regulations, protecting the bank against liability for historic contamination. The firm’s attorneys also successfully acquired the property for a subsidiary while dealing with substantial tax liens and negotiated a plan for cleanup, which proved satisfactory to state and federal regulators. Subsequently, SKO also successfully resolved lender liability claims that threatened to delay the transfer of the property and the commencement of cleanup activities. The case was settled favorably in March 2018.
Breach of Contract Prosecution
Successfully prosecuted a breach of contract claim under the indemnity provisions of a purchase and sale agreement.
Nuisance Claims
The firm represented several land owners being sued by neighboring property owners both individually and as a class for an alleged nuisance related to odors emanating from hog barns. The plaintiffs claimed that the odors unreasonably interfered with their enjoyment of property. The case was before the United States District Court for the Western District of Kentucky where it ultimately settled just before trial. Powell v. Tosh, No. 5:09-CV-00121-TBR-DW (W.D. Ky.).
Superfund Site Guidance, Superfund Investigation
Advised client in negotiations with Potentially Responsible Parties, EPA and Kentucky state regulatory authorities in major Superfund investigation.
Dismissal of RCRA Citizen Suit
Obtained dismissal of a RCRA Citizen Suit under the Burford Abstention doctrine by arguing that existing state administrative proceedings covered the same issues
Neighborhood Nuisance & Trespass Claims
Defended claims for nuisance, trespass, negligence and strict liability by multiple property owners against the local electric utility. Successfully defeated class certification.
Superfund Potentially Responsible Parties
Successfully resolved a contribution claim against alleged Potentially Responsible Party arising out of the remediation of a former scrap processing facility.
Circle Environmental CERCLA Claim
Successfully resolved EPA cost recovery claim against multiple Potentially Responsible Parties arising out of the EPA’s cleanup of a waste oil facility.
Environmental Litigation for a University
Represented a university and its athletic association in environmental litigation against CSX related to environmental costs incurred in building and expanding the university's stadium.
Contaminated Collateral
Successfully represented local lender regarding a defaulted loan secured by collateral that was contaminated and subsequently un-archived as a Superfund site.
Neighborhood Nuisances & Temporary Restraining Orders
Successfully defended claims for nuisance, tortious interference and negligence arising from the construction of a stormwater/wastewater retention basin by the local wastewater utility.