Talk about complex litigation. We represent a company who has been tossed into a longstanding CERCLA case in California. The Leach Site and the Mouren-Laurens Site are in Compton, California. These sites have been the subject of hardball litigation between the owners and operators for almost 17 years. The plaintiff in that case, Rev. 973 LLC v. Mouren-Laurens, CV No. 98-10690 (C.D. Cal.), just filed an amended complaint naming 1,300 new defendants (PRPs) that allegedly generated wastes sent to the sites. The plaintiff is now in the process of serving notices on those PRPs that require the new PRPs to appear in the lawsuit by completing a PRP Appearance Notice and taking other required actions within 30 days after receiving the notice. These new parties may not file or serve any other documents in the lawsuit, including motions to dismiss or answers.

The ongoing case management order contemplates site investigation by mid 2015 and establishing procedures sometime in late 2014 for those parties to participate in the litigation. The case involves claims for private cost recovery and contribution under CERCLA and the California Health and Safety Code, for relief under RCRA, and for relief under various other theories. The case is pending before the Honorable Dale S. Fischer in the Central District of California. Judge Carl J. West (ret.) has been appointed as a Special Master. MK Environmental Consulting, Inc., has been appointed as an environmental consultant to conduct certain site investigation work, and site characterization work is ongoing. The defendants claim the cleanup costs will be in the range of $5 million. The plaintiff, Rev 973, llc claims the costs could be as high as $50 million.

If you have been sued in this matter, call Bill Miller at 602-319-6899 to discuss it. Bill’s office is located in Scottsdale Arizona, but he is admitted Pro Hac, in the Federal Court in California who is handling this case.

If you ever saw the movie My Big Fat Greek Wedding you would remember that the bride’s father thought that Windex could cure all ills and that the Greeks’ were responsible for all of western civilization’s great accomplishments. That was hilarious. I still love that movie.

As I approach 27 years as a trial lawyer in Arizona, I must confess that I see St. Thomas More like the bride’s dad. I sometimes think, he invented all great concepts of modern law. This Saint gave us so many concepts that are still viable & vital: no self incrimination, free speech, due process, no king rule, etc. So, I try very hard in my real estate, business, securities, fraud & malpractice cases to look to More’s genius when times get tough.

The 20th-century agnostic playwright Robert Bolt portrayed St. Thomas More as the tragic hero of his 1960 play A Man for All Seasons. The title is drawn from what Robert Whittington in 1520 wrote of More:

More is a man of an angel’s wit and singular learning. I know not his fellow. For where is the man of that gentleness, lowliness and affability? And, as time requireth, a man of marvelous mirth and pastimes, and sometime of as sad gravity. A man for all seasons.

As a modern day lawyer practicing in Phoenix, a beautiful yet sometimes vicious City, I try very hard to emulate St. Thomas More. Feel free to call me with questions or comments about real estate, business, securities, fraud & malpractice. I promise to do my best under the rule of law thanks to Saint Thomas More. Call me at 602.319.6899 or visit me at 8170 North 86th Place Suite 208 Scottsdale, Az. 85258

Confidentiality agreements are common in real estate & business. Sometimes they are used to get an investor to get his ‘eye off the ball’. Or they are often viewed as routinized documents unworthy of close reading. WRONG! When drafting and negotiating confidentiality agreements you should be aware of broad restrictions on your actions. For example,…

As they say, you need to be careful what you ask for…In the summer 2006, Clint Underhill purchased 64 shares in Underhill Holding Company, Inc. (HC) from David Caruthers and Caruther’s wife for $6,000.  Several months later, the Caruthers wrote to Clinton and accused him of knowingly misrepresenting HC’s value.  The Caruthers demanded the return…

On October 15, 2013 after four years plus of bare-knuckle litigation and high stakes legal positioning the investment bankers who financed Ironite have their victory. Case closed. The law firm of William A. Miller represented these investment bankers when the former operator of Ironite Fertilizer sued them for a host of unfounded claims demanding millions…