Biography:
Thomas Lupo has 20 years of experience in representing business entities in complex environmental and commercial litigation cases, including substantial mass and individual toxic tort litigation, Superfund/CERCLA, and government enforcement. He has successfully litigated and resolved significant cases in these areas. Mr. Lupo works closely with clients to develop and implement strategies to exceed the client’s goals and expectations. Mr. Lupo has been recognized by his peers in Martindale-Hubbell’s rating system as AV in Civil Litigation and Environmental Law, the program’s highest rating on substance and ethics.
Education:
University of Notre Dame Law School, J.D., 1985
University of Notre Dame, B.A., 1982
Bar Admissions:
Illinois (1985)
Professional Memberships:
American Bar Association (Vice-Chair, Environmental and Toxic Torts Committee 1999-2003)
United States Army JAG Corps, Lieutenant Colonel, Ret.
Additional Bar Admissions:
United States District Court, Northern District of Illinois (including Trial Bar)
United States District Court, Central District of Illinois
United States District Court, Eastern District of Wisconsin
U.S. Court of Appeals for the 7th Circuit
United States Military Court of Criminal Appeals
Representative Cases:
Kuhlman Electric/BorgWarner PCB case. Lead counsel for transformer manufacturing company and former corporate parent in 18 related mass toxic tort actions arising in Copiah County, Mississippi. Over 1,200 neighboring property owners and former employees variously claimed personal injury and property damage through exposure to PCBs. Venued in various state and federal jurisdictions. Involved substantial removal practice, dispositive motion and Daubert practice, including the retention, presenting and challenging of over 30 experts. Numerous different plaintiffs' firms from around the Southeast were involved, with myriad strategies presented.
United States v. Pemco Aeroplex. Represented aircraft refurbisher/government contractor in turning United States' seven-figure RCRA penalty enforcement action into a favorable settlement with no penalty, greatly reduced cost of remedial action and exclusive use of existing on-site waste water treatment facility.
Represented major automotive component systems manufacturer and worked within existing performing PRP Group to reduce client's participation liability share by two-thirds, without invoking group-wide allocation procedures.
Boldly opted out of de minimis settlement at major Superfund site, resulting in substantial (over 90%) cost savings and multi-year deferral of expenses.
Anaya v. BASF Corp. ( Wisconsin ) Successfully defended a major paint manufacturer in personal injury and property damage toxic tort suit by residents neighboring a major clean-up site. Nuisance value settlement.
Personette v. H.B. Fuller ( Cook County, Illinois ). Action for personal injury / silicosis and retaliatory discharge. Both claims dismissed. Both affirmed on appeal.
United States v. James Cross, et al. (C.D. IL) Represented major paint manufacturer in United States ' action to recover costs of environmental cleanup. Common litigation counsel in major cross-claims and third-party plaintiffs' action for contribution and substantial expert witness practice, resulting in major contributions to settlement and future Site cleanup costs.
Dydio v. Hesston Corporation (N.D. IL) Represented heavy equipment manufacturer in RCRA liability, cost recovery and citizen's suit case regarding underground storage tanks and property damage.
Ninth Avenue Litigation (N.D. Ind. ) Represented manufacturer in private party action to recover costs of environmental cleanup, including heavily litigated cross-claims for contribution among co-defendants and substantial expert witness practice.
Citizens for a Better Environment v. Meyercord Company (N.D. IL). Manufacturer sued for alleged violations of RCRA and EPCRA. Resolved for minor payment and supplemental environmental projects planned by Company.
Interstate Pollution Control Site. Group common counsel for performing PRPs at Illinois Superfund Site. Negotiated favorable remedy and cashed out smaller parties to finance much of the Site work.
Stickney/Tyler v. Dura Corporation, et al. (W.D. Mich.). Suit for cost recovery and contribution in private party environmental cleanup. Resolved for fraction of demand.
Shenk v. Healthstar, Inc. (N.D. IL). Successfully defended declaratory lawsuit by doctor for acceptance into PPO. Dismissed from suit.
Jackson v. Healthstar, Inc. (N.D. IL). Employment discrimination lawsuit. Ultimately nominal settlement.
Hassain v. U.S. EPA (N.E. IL). Represented manufacturer in environmental justice discrimination and toxic tort suit. Case dismissed.
See Extended Biography
