Thomas D. Lupo devotes his practice to the representation of business entities in complex environmental and commercial litigation cases. Mr. Lupo handles substantial mass and individual toxic tort litigation, Superfund/CERCLA, employment litigation and government enforcement matters.
Mr. Lupo served in the United States Army JAG Corps, retiring from the U.S. Army Reserves with the rank of Lieutenant Colonel. He was a Thomas J. White Scholar at The Notre Dame Law School.
Representative Matters :
- United States v. Major Manufacturer. 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.
- Boldly opted out of de minimis settlement at major Superfund site, resulting in substantial (over 90%) cost savings and multi-year deferral of expenses.
- 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.
- Anaya v. Major Manufacturer (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.
- United States v. James Cross, et al. (C.D. Ill.). 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.
- 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.
- 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.
Professional Affiliations : American Bar Association
- J.D., University of Notre Dame Law School, 1985
- B.A., University of Notre Dame, 1982
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Northern District of Illinois
Rate : $$$$