Outcome: $418,780.16 Settlement
Maxus Energy Corporation, et al. v. ACE Lakefront Properties Inc., et al., Case No.: 1:00CV972 in the United States District Court for the Northern District of Ohio
Tycko & Zavareei represented Maxus Energy Corporations and Tierra Solutions, Inc. (formerly known as Chemical Land Holdings, Inc.) against Crompton Manufacturing Company, Inc., Dartron Corporation, and Lockheed Martin Corporation and a third-party defendant Occidental Chemical Corporation in a lawsuit regarding alleged violations of the Comprehensive Environmental Responsibility, Compensation, and Liability Act of 1980 (CERCLA). This case involves the plaintiffs suing the defendants to recover past and future costs incurred regarding hazardous substances released under CERCLA at the Diamond Shamrock Painesville Works Site located on the banks of Lake Erie in Ohio. The plaintiffs were seeking coverage of costs for removal and remediation of hazardous substances from the defendants who previously owned the site in question. The Ohio EPA and other regulatory agencies had investigated the site since at least the late 1970s and made various recommendations about hazardous substances containment. Tycko & Zavareei represented the plaintiffs in their quest to recover the costs to comply with regulatory bodies’ investigations and recommendations. The defendants did not admit to any liability and agreed to pay a $418,780.16 settlement.