• Expert Witness Support for Verdict Quashing $25m Environmental Indemnification

Deemed "most helpful expert" in support of defense verdict finding that defendants were not liable to indemnify plaintiffs for up to $25 million in Superfund site cleanup costs under a share purchase agreement and awarding $4 million in lawyers fees, costs and interest. Link to Mass Lawyers Weekly Article, Judgment Denying Indemnification

• Assist Clients in Developing and Negotiating Favorable Allocations of Liability in Environmental Disputes

Assisted in development of complex allocation positions including Lower Fox River PCB site, lead smelter and transport litigation, numerous successor landowner matters, landfill sites, recycling sites, airports and circumstances involving alleged damages due to air emissions.

• Developed Two Superfund Site Allocations Upheld by First and Third Circuit Courts of Appeal, Cannons Engineering Settlements and Caldwell Trucking Expert Allocation Report

• Partnered With Gradient Corporation as Senior Regulatory Specialist On Complex Regulatory Litigation Support Matters

Assisted Gradient Corporation in evaluating historical state regulations relating to standards of care for waste management practices and air quality compliance practices.

Assisted Gradient Corporation in developing historical analysis of laws and regulations governing rail transport of certain materials which later came to be designated as hazardous materials under modern era regulatory programs.

• Expert Witness Project Concerning Liability Allocation for Cleanup of Historic Contamination at Municipal Airport Also Used as Military Air Base

• Expert Witness Project Concerning Allocation of Responsibility Differing Air Contaminants Emitted by Separate Industrial Facilities Adjacent to Impacted Neighborhoods

• Expert Witness Project Concerning Divisibility of Harm Among Partial Owners of Superfund Site

• Testified Effectively as Expert Witness on Liability Allocation for Plaintiff in Non-jury Trial on Issue of Damages at Caldwell Trucking Superfund Site

“The Court finds that two of Plaintiff’s witnesses, Mr. John P. McBurney and Mr. E. Michael Thomas to have been particularly knowledgeable and candid with the Court and both stood up well to direct and cross examination. . . . Mr. Thomas is Plaintiff’s allocation expert who is an attorney with significant experience in allocating cleanup responsibilities at environmental sites.  The court deems these witnesses to be particularly credible and affords substantial weight to their testimony.”  Slip Opinion at 5.