Obtaining a Dismissal for Our Client in Complex Groundwater Contamination Litigation

The Firm, led by Richard Dongell, Josh Levine, and Associate Paul Rasmussen, represented a large aerospace defense company in a multi-party groundwater clean-up action initiated by the Orange County Water District.  The District is seeking damages in excess of $50 million to clean up alleged groundwater contamination in a large area of northern Orange County.  The suit involves numerous defendants and cross-defendants, all of whom were alleged to have conducted manufacturing operations involving the use of volatile organic compounds (“VOCs”) during various periods from the 1950s to the 1990s. 

Our client, which had conducted manufacturing operations in the general area since the 1980s, was brought into this action through a cross-complaint filed by another major aerospace corporation.  After investigating and closely evaluating the evidence regarding our client’s operations, the Firm moved early in the litigation for summary judgment arguing that the evidence did not support a causal link between our client’s alleged use of VOCs and the contamination presently alleged to exist.

Due to the strength of the motion and its supporting evidence, the aerospace corporation agreed to dismiss our client rather than suffer the negative implications a successful ruling would have had on its claims against other parties it had sued.  Our client was thereby able to avoid a lengthy and costly litigation.