Defendant's Attorney: Joseph J. Ortego, Laurie Bloom, Matthew J. Splitek , Tracey Scarpello, Vivian M. Quinn, Bradley D. Fisher, Brian D. Steffes, Stephanie L. Dykeman

Description: Madison, Wisconsin civil litigation lawyer represented Plaintiffs, who sued Defendants on negligent contamination of Plaintiff's property.


This is plaintiffs William Liebhart and Nancy Liebhart's third lawsuit about their contention that defendants SPX Corporation, Apollo Dismantling Services, Inc., and TRC Environmental Corporation are responsible for PCB (polychlorinated biphenyl) contamination on their property. In the first case, the court granted defendants' motion for summary judgment on the Liebharts' claims under the Resource Conservation and Recovery Act (RCRA) and the Toxic Substances Control Act (TSCA), concluding that both claims failed for multiple reasons. See Liebhart v. SPX Corporation, 16-cv-700-jdp (W.D. Wis. Feb. 7, 2020), Dkt. 263. In the second case, the court granted defendants' motion to dismiss, concluding that the Liebhart's claims were precluded by the first lawsuit. See Liebhart v. SPX Corporation, 20-cv-205-jdp (W.D. Wis. Apr. 22, 2022), Dkt. 79. The court will refer to case no. 16-cv-700-jdp as the '700 case and to case no. 20-cv-205-jdp as the '205 case.

Outcome:
1. The motions to dismiss filed by defendants SPX Corporation, Dkt. 26, Apollo Dismantling Services, Inc., Dkt. 28, and TRC Environmental Corporation, Dkt. 29, are GRANTED in part and DENIED in part. The motions are GRANTED on counts (3) and (6) of William Liebhart and Nancy Liebhart's complaint. The motions are otherwise DENIED.

2. Defendants' motion to decide counts (1), (2), (4), (5), and (7) without additional discovery, Dkt. 30, is GRANTED as unopposed.

3. Summary judgment is GRANTED to defendants on counts (1), (2), (4), (5), and (7).

4. The clerk of court is directed to enter judgment in favor of defendants and close this case.

06/03/2022 48 ORDER granting in part and denying in part 26 Motion to Dismiss, 28 Motion to Dismiss and Notice of Joinder, 29 Motion to Dismiss ; granting 30 Motion to Address Plaintiffs' "PCB-Containing Dust" Claims Based on Discovery to Date and to Stay Discovery on Plaintiffs' Remaining Claims. Signed by District Judge James D. Peterson on 6/3/2022. (rks) (Entered: 06/03/2022)
06/03/2022 49 JUDGMENT entered in favor of Defendants Apollo Dismantling Services, Inc., SPX Corporation, TRC Environmental Corporation dismissing the case. (rks) (Entered: 06/03/2022)

Plaintiff's Experts:

Defendant's Experts:

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