U.S. Smelter Obtains Victories in Lawsuits Related to Superfund Cleanup

North America - United States

A former U.S. lead smelting company achieved notable victories in ongoing toxic tort lawsuits in the U.S. District Court for the Northern District of Indiana. Faegre Drinker’s Indianapolis office is lead national counsel for this toxic tort litigation arising out of the East Chicago Lead Contamination Superfund Site. The site gained national visibility after lead and arsenic contamination caused an elementary school and large public housing complex to close, causing hundreds of low income residents to relocate. Our group is the primary counsel for a series of federal lawsuits brought by homeowners and evacuated public housing tenants affected by the contamination, alleging property damage and stress caused by the impacts from nearby historic operations. 

In July 2021, the court granted, in part, the company’s motion to dismiss regarding nuisance and trespass brought by homeowners that live within the boundaries of the East Chicago Lead Contamination Superfund Site. In October, the same court granted total dismissal of a separate lawsuit brought by evacuated public housing tenants in the same area. Faegre Drinker is serving as primary counsel for the company in these lawsuits.

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