Andrew R. Running

Environmental Litigation Experience

• NJ Dep’t of Env. Protection v. BP, et al. (S.D.N.Y. 2012-present): Ongoing representation of BP in New Jersey statewide MTBE products liability lawsuit.
• Penn. Dep’t of Env. Protection v. BP, et al. (S.D.N.Y. 2015-present): Ongoing representation of BP in Pennsylvania statewide MTBE products liability lawsuit.
• Kathy Bowens, et al., v. 7-Eleven, Inc., et al. (Circuit Court of Elkhart County, Indiana, 2006-2008): Defended 7-Eleven in a class action lawsuit for personal injuries, property damages and injunctive relief brought by residents who alleged that underground storage tank leaks from a gasoline station caused soil and groundwater contamination impacting 64 homes in the adjoining neighborhood. The case settled one-month prior to the start of the jury trial for a payment from 7-Eleven in the range of its future costs of defending the case.
• State of Illinois v. Keystone Consolidated Industries (dual enforcement cases brought by the Illinois Attorney General’s office before the Peoria County, Illinois Circuit Court and the Illinois Pollution Control Board, 2000 to 2002): Defense of alleged Clean Water Act and RCRA violations at Keystone’s Peoria, Illinois steel mill and wire mill. State claimed penalties in excess of $10 million. Negotiated $75,000 settlement.
• State of Illinois v. B’Way Corporation (Circuit Court of Cook County, Illinois, 2001 to 2002): Defense of alleged violations of asbestos abatement regulations by client’s contractors during renovation of production facility. Negotiated favorable settlement.
• NutraSweet Company and Monsanto Company v. X L Engineering, Inc. (U.S. District Court, N.D. Illinois, 1995 to 2000): Representation of NutraSweet and Monsanto as plaintiffs in CERCLA and common law cost recovery action against adjoining manufacturing facility that contaminated the groundwater on NutraSweet’s property. On August 7, 1996, the District Court granted us summary judgment on liability. See 933 F.Supp. 1409. See also 926 F.Supp 767 (denying defendants’ motions to dismiss and to exclude evidence). Lead trial counsel in four-day bench trial on damage and allocation issues conducted in March and April of 1999. Judge Norgle ruled on June 25, 1999, that our clients were entitled to recovery of 100 percent of the costs of the site cleanup, plus prejudgment interest, and also found the president of the defendant company personally liable for all of NutraSweet’s damages. Argued appeal before the Seventh Circuit, which published an opinion affirming the judgment for our clients in September 2000. 227 F. 3d 776.
• W.R. Grace v. Goodyear Tire & Rubber Co. and Textron, Inc. (U.S. District Court, W.D. Michigan, May 1999 to August 2000): Secured summary judgment in favor of W.R. Grace in breach of contract action seeking declaration that two other PRPs at the Motor Wheel Disposal Site in Lansing, Michigan were primarily responsible for the costs of compliance with a U.S. EPA Safe Drinking Water Act unilateral administrative order. Negotiated complete buy out of Grace’s site liability prior to start of damages trial.
• GNB Technologies, Inc. v. NL Industries, Inc. (U.S. District Court, C.D. California, 1994 to 1998): Successful defense of NL in a lawsuit for past damages and declaratory relief for alleged VOC and heavy metal contamination at a secondary lead smelter in Vernon, California operated by NL from the 1920s to 1979. Case settled on favorable terms after federal court mediation.
• Milwaukee Die Casting Co., et al. v. Fisher Controls International, Inc. (U.S. District Court, E.D. Wisconsin, 1993 to 1997): Successful defense of Fisher and its indemnitor, Monsanto Company, against CERCLA and common law claims that it was liable for the PCB contamination of a die casting plant. Case settled for less than Monsanto’s pre litigation settlement offer after court granted summary judgment dismissing all common law counts and narrowing CERCLA allegations against Fisher.
• United States v. Peter Gull and NL Industries, Inc. (U.S. Court of Appeals, Ninth Circuit, 1994 to 1998): Successful defense of NL in its Ninth Circuit appeal from a CERCLA response cost and punitive damage award granted to U.S. EPA for NL’s alleged refusal to comply with a CERCLA Section 106(a) unilateral administrative order requiring the remediation of a former battery breaking site in Norco, California. Case settled based on recommendation of Ninth Circuit mediator.
• United States v. Nalco Chemical Co., National Lock Company, et al. (U.S. District Court, N.D. Illinois, 1991 to 2002): Representation of Keystone Consolidated Industries in the defense of an EPA CERCLA cost recovery action and in the prosecution of a third party contribution action against 15 other PRPs. The lawsuit arose out of U.S. EPA’s response actions at the Byron Salvage Yard near Rockford, Illinois. In 1995, I negotiated a favorable settlement of Keystone’s liability for EPA’s response costs to date. During August 2000 to June 2001, I negotiated a final consent decree with EPA and the City of Byron, which was approved by the District Court in 2002.
• Reynolds Metals Company v. Pielet Bros. Scrap Iron & Metal Ltd. Partnership, et al. (U.S. District Court, N.D. Illinois, 1990 to 1996): Representation of Reynolds in a damages and declaratory judgment action against the former owners and operators of a scrap yard that contaminated Reynolds’ property. On June 16, 1995, the District Court granted Reynolds summary judgment ordering the principal defendants to clean up the property to background levels. See 1995 WL 370238. The defendants then settled the case by agreeing to pay all costs to remediate the property to Illinois EPA standards.

• Keystone Consolidated Industries Operating Facility Enforcement Matters (1986 to Present): Successful defense of a 1986 preliminary injunction motion filed in Peoria federal court seeking the immediate shutdown of Keystone’s Peoria steel and wire mills pending the resolution of alleged RCRA hazardous waste disposal violations. Following a three-day hearing, the court denied EPA’s request for a preliminary injunction.
  •  Negotiation of a 1988 consent decree with the Department of Justice following the preliminary injunction hearing.
  • Negotiation of a 1993 consent decree with the Illinois Attorney General concerning site closure and financial assurance issues.
  • Successful representation of Keystone in 1993 1994 proceeding before the Illinois Pollution Control Board obtaining a RCRA adjusted standard delisting wastes formerly classified as hazardous--K062.
  • Successful defense of 1997 notice of violation relating to alleged illegal disposal of K062 wastes, including preparation of defense case for employee indicted by the Illinois Attorney General for that alleged offense. The employee was acquitted of all charges by a Peoria County jury in July 1998.
  • Negotiation with EPA Region V of an Administrative Order On Consent in 2000 for a RCRA SWMU site investigation at the Peoria facility.
  • Negotiation with EPA Region V and IEPA over Peoria Clean Air Act permitting issues.
  • Negotiation of a 2015 Consent Decree with U.S. DOJ and EPA Region V over sulfur dioxide emission violations.

• Valhi, Inc. (1990 to 2008 ): Representation of Valhi in various CERCLA administrative proceedings, including the Ninth Avenue Site in Gary, Indiana and the Impex Site in Crawsfordville, Indiana.
• U.S. EPA v. Keystone Consolidated Industries (1986 to Present): Representation of Keystone in numerous CERCLA administrative proceedings in Regions II and V, including the Rosen Site in Cortland, New York; the Byron Site in Byron, Illinois; the IPC Site in Rockford, Illinois; and the Brockman Site near Ottawa, Illinois.
• Stroh Die Casting Company v. Monsanto Company (Circuit Court, Milwaukee County, Wisconsin, 1988 to 1993): Successful defense of Monsanto in a product liability case seeking damages for alleged PCB contamination of the customer’s factory. Represented Monsanto, along with Milwaukee counsel, in a five-week jury trial completed in May, 1991, which resulted in a verdict for the plaintiff. Briefed and argued the appeal before the Wisconsin Court of Appeals, which resulted in a final judgment for Monsanto based on the statute of limitations. See 177 Wis. 2d 91; 502 N.W.2d 132.
• Bedford Development Company, et al. v. NL Industries, et al. (Sacramento County Court, California, 1990 to 1992): Represented NL in the defense of an action to recover remedial costs arising from lead contamination of property on which an NL subsidiary ran a battery breaking operation. Case settled following a two-day summary argument and mediation before a retired appellate judge.
• Hammond Valve Corp. v. Condec Corp. (U.S. District Court, N.D. Indiana, 1987 to 1990): Successful prosecution of an action for specific performance of a foundry purchase contract requiring the former owner to perform a clean closure of an unpermitted RCRA hazardous waste disposal unit on site. As a part of the settlement, the defendant agreed to perform all required cleanup work at the site.
• Village of Lombard, Illinois v. E/M Corporation (Administrative Proceeding before Glenbard Wastewater Authority, 1987 to 1988): Successful defense of a motion to cut off water and sewer connections based on alleged industrial pretreatment violations of the Clean Water Act.
• Edward Hines Lumber Co. v. Monsanto Co., et al. (U.S. District Court, N.D. Illinois, 1986 to 1987): Successful defense of a CERCLA cost recovery and product liability action brought by a purchaser of Monsanto’s pentachlorophenol wood preservative.

Insurance and Reinsurance Litigation Experience

• Bracket Holding Corp. v. Allied World Assurance Co. (AAA Arbitration): Represented a private equity client in an October 2015 arbitration over a buyer’s-side representation and warranty insurance claim. After a one-week hearing, the Panel awarded our client the full $13 million policy limit.
• Bolthouse Farms, Inc. v. Houston Casualty Company and Bolthouse Farms, Inc. et al. v. Ecolab, Inc. (U.S. District Court for the Central District of California, 2010 to present): Represented Bolthouse, the nation’s largest fresh carrot processor, in a product contamination lawsuit against Houston Casualty Company filed in August of 2010. Houston Casualty agreed to pay its full $5 million policy limit to Bolthouse two months after the filing of our lawsuit. I then negotiated a favorable settlement of Bolthouse’s claim against its excess insurer, Liberty Surplus Lines, for the next $5 million of its recall losses. I am now representing Bolthouse in a product liability lawsuit filed in December 2010 to recover its remaining damages against the supplier of the process water sanitizer responsible for the incident.
• Fresh Express, Inc. v. Beazley Syndicate at Lloyd’s and QBE Europe, Ltd. (Monterey County Superior Court, California, 2008-2011): Represented Chiquita Brands International’s Fresh Express subsidiary in trial of product recall coverage claim against a Lloyd’s syndicate and a London market insurer. Fresh Express incurred more than $18 million in costs for the return and destruction of its fresh spinach products and for lost profits as a result of the September 2006 nationwide outbreak of E. coli O157:H7 in fresh spinach. Fresh Express’ insurers denied coverage for this claim, primarily because Fresh Express’ products were ultimately shown to not have contributed to the E. coli outbreak. Fresh Express countered that it had sufficient “reasonable cause to believe” that its products were involved, and that it satisfied the other policy requirements for coverage. After a five-week bench trial in May and June of 2009 in which I served as lead counsel, the trial court ruled in Fresh Express’ favor on its breach of contract claim and awarded it the full $12 million policy limit. On September 8, 2011, the Sixth District Court of Appeals reversed the trial court’s coverage interpretation and ruled that no coverage was available because Fresh Express had not formally recalled its product.
• Keystone Consolidated Industries v. Employers Insurance of Wausau (U.S. District Court for the Central District of Illinois, 2003-2007): Representation of Keystone in a declaratory judgment action against Employers Insurance of Wausau to establish Wausau’s obligation to indemnify Keystone for more than$15 million in past and future groundwater remediation costs at Keystone’s Peoria, Illinois steel mill and wire mill, as well as other environmental cleanup costs at four other sites. After the district court granted summary judgment to Wausau on its “no duty to defend therefore no duty to indemnify” theory, I successfully briefed and argued Keystone’s Seventh Circuit appeal of that decision. 456 F.3d 758 (7th Cir. 2006). On remand, the district court denied Wausau’s remaining summary judgment motions. 470 F.Supp.2d 873 (C.D. Ill. 2007). Wausau ultimately settled the case on favorable terms to Keystone one-month before the start of the scheduled jury trial.
• National Union Fire Insurance Co. v. Terra Industries, Inc. and Terra Nitrogen (UK) Limited (U.S. District Court for the Northern District of Iowa, 2001-2004): Represented Terra Nitrogen (UK) and its parent company in declaratory judgment lawsuit filed by AIG/National Union Fire Ins. Co. to determine whether National Union was obligated to defend and indemnify Terra against product liability claims arising from Terra’s production of benzene-contaminated carbon dioxide that was incorporated into carbonated beverages in the United Kingdom, resulting in approximately $15 million of recall claims. Briefed and argued Terra’s successful cross-motion for summary judgment before the District Court. See 216 F.Supp.2d 899 (N.D. Iowa, 2002) (holding National Union liable for all of Terra’s claims). Then briefed and argued National Union’s appeal of that decision to the Eighth Circuit. The Eighth Circuit affirmed the grant of summary judgment to Terra in its entirety. 346 F.3d 1160 (8th Cir. 2003), cert. denied, 541 U.S. 939, 124 S.Ct. 1697 (2004).
• Terra Industries and Terra International, Inc. v. National Union Fire Insurance Co. (U. S. District Court for the Northern District of Iowa, 2002-2004): Represented Terra International, Inc. and its parent company in a declaratory judgment lawsuit filed against AIG/National Union Fire Ins. Co. to establish National Union’s responsibility to defend and indemnify Terra against product liability claims arising from the misuse of methyl parathion insecticide by two unauthorized users in Mississippi. Briefed and argued Terra’s successful motion for summary judgment before the District Court. See 2002 WL 22023105 (No. C02-4003-MWB, Aug. 27, 2003). Briefed and argued National Union’s Eighth Circuit appeal of that decision. The Eighth Circuit affirmed the grant of summary judgment to Terra on all grounds. 383 F.3d 754 (8th Cir. 2004).
• National Union Fire Insurance Company v. Terra Industries, Inc. and Terra Nitrogen (UK) Limited (W.D. Iowa, 2001 - 2002; U.S. Court of Appeals, Eighth Circuit, 2002 - Present): Terra’s United Kingdom subsidiary produced carbon dioxide for use in consumer beverages that was accidentally contaminated with benzene, causing a nationwide recall of the beverages. National Union, Terra’s general liability insurer, sought a declaratory judgment that the claims involved pure economic loss and were outside the scope of the policy. I briefed and argued Terra’ successful cross-motion for summary judgment establishing that National Union is responsible for all present and future claims related to this occurrence. See 216 F. Supp. 2d 899. The case is now on appeal to the Eighth Circuit.
• Gaylord Container Corp. and Gaylord Chemical Company v. Transportation Insurance Company, et al. (Washington Parish District Court, Louisiana, 1998 to 2001): Represented Gaylord Container and Gaylord Chemical in December 1998 bench trial of declaratory judgment action seeking to establish coverage for mass tort claims arising from an October 23, 1995 rail car explosion in Bogalusa, Louisiana resulting in a large release of nitrogen tetroxide. Following the two-week trial, the trial court ruled that our clients were entitled to $111 million of coverage for the incident notwithstanding the insurers’ denials of coverage based on the “absolute pollution exclusion.” The court also granted our requests that two of the policies be reformed to eliminate coverage exclusions for punitive damages and “toxic and foreign matter” claims. One insurer settled for full policy limits during the trial. On appeal, Louisiana’s First District Court of Appeals ruled that Gaylord was entitled to coverage under the only policy that had been excluded from the trial court’s grant of coverage, increasing the award of coverage to more than $120 million. The Louisiana Supreme Court denied the insurers’ petition for review of this decision in December 2001.
• Amoco Chemical Company and Amoco Oil Company v. Lloyd’s of London, et al. (Circuit Court of Cook County, Illinois, 1993 to 1998): Representation of Amoco Corporation and its subsidiaries in a major, $600 million lawsuit against its 1959 1985 insurers seeking damages and declaratory relief for environmental claims at 23 sites in Canada and the United States, including all of Amoco’s refineries. Case settled shortly before scheduled trial on terms very favorable to Amoco.
• Bayer Corporation v. Commercial Union Insurance Co. (U.S. District Court, N.D. Indiana, 1997 98): Successful representation of Bayer in action to recover CERCLA response costs incurred by Bayer’s Miles Laboratories division. Case settled on terms very favorable to Bayer.
• Imperial Casualty and Indemnity Company v. Maryland Casualty Company (U.S. District Court, Maryland, 1991 to 1993): Successful prosecution of Imperial’s claim against Maryland Casualty for breach of a reinsurance agreement concerning extended automobile warranty business. Case also involved successful defense of Maryland’s counterclaim for alleged fraud in the negotiation of the contract. Case settled on favorable terms following a one-day summary argument before an independent mediator. (Imperial is the former insurance subsidiary of Amoco Oil Co.).
• Imperial Casualty and Indemnity Company v. Chorley Insurance Co., SNL Insurance Co. and Curtis Bay Insurance Co. (Arbitration Proceeding, 1987 to 1991): Successful defense of rescission claims brought by the insurance subsidiaries of Mobil Oil, Hercules and Sequa, Inc. Following a six-day hearing in February 1991, an international arbitration panel denied all of the claims brought against Imperial. Arbitration focused on issues relating to the cedant’s duty of utmost good faith, the reinsurer’s duty of reasonable inquiry, and the net retention requirement.
• Keystone Consolidated Industries, Inc. v. Employers Insurance of Wausau (U.S. District Court, N.D. Ill., 1989 to 1990): Brought declaratory judgment action against Wausau to establish Keystone’s right to recover defense costs for a pending CERCLA action under 1968 1980 CGL policies. Case settled on favorable terms following the denial of Wausau’s motion for summary judgment and the granting of several motions to compel discovery from Wausau.
• Protective National Insurance Co. v. Imperial Casualty and Indemnity Company (Arbitration Proceeding, 1987 to 1990): Successful representation of Imperial in an arbitration in which Imperial contested its quota share reinsurance obligations based on the issuing company’s breach of its net retention obligation and its duty to supervise its managing agent. Case settled on favorable terms.
• Imperial Casualty and Indemnity Company v. RLI Insurance Co. and General Accident Insurance Co. (Arbitration Proceeding, 1989 to 1990): Successful representation of Imperial in an arbitration to collect from reinsurers demanding a rescission of their quota share and excess of loss obligations. Case settled on favorable terms two weeks prior to final hearing, following denial of General Accident’ s motion for summary judgment.
• Bali v. Blue Cross and Blue Shield Association, et al. (U.S. District Court, N.D. Illinois, 1987 to 1989): Obtained summary judgment for the defendants in an ERISA disability case. Briefed and argued Seventh Circuit appeal, which resulted in affirmance of summary judgment for our clients. See 873 F.2d 1043.
• Transit Casualty Co. v. Rusty Jones, Inc. (U.S. District Court, N.D. Illinois, 1985) and Allianz Insurance Co. v. Rusty Jones, Inc. (U.S. District Court, N.D. Illinois, 1985 to 1986): Successful defense of actions brought by insurer of automobile rustproofing warranties for rescission of coverage on grounds of fraud.
• County of Cook v. Health Care Service Corporation (Circuit Court, Cook County, Illinois, 1983 to 1985): Successful defense of action for recovery of premium payments to Chicago Blue Cross plan based on disputed interpretation of a “cost plus” premium provision. Also participated in the defense of similar actions brought by Chicago Board of Education, the City of Chicago, and Roper Corporation.

Arbitration Experience

• Oswaldo Cisneros v. Bell South Corporation (International Arbitration under UNCITRAL Rules, Miami, Florida, 2003-2004): Defense of Bell South in an international arbitration with its Venezuela joint venture partner, Oswaldo Cisneros, before an arbitration panel consisting of former U.S. attorney generals Benjamin Civiletti and Ramsey Clark and retired federal judge Charles Renfrew. Cisneros sought more than $600 million in damages plus pre-judgment interest from Bell South for its refusal in 2000 to proceed with the appraisal and purchase of one-half of his remaining ownership interest in the joint venture. Case settled after two-week arbitration hearing in January 2004.
• Inversora Bejaly, C.A. v. General Motors Corporation and Delphi Packard Electric Systems Venezuela, C.A. (International Chamber of Commerce, New York, New York, 2000-2002): Defense of General Motors against claims of breach of fiduciary duty brought by its former local partner in a Venezuelan wire harness manufacturing venture. Four-day arbitration hearing completed in November, 2002. The arbitration tribunal ruled that General Motors had no liability to the Claimants.
• AFD Fund v. North Texas Opportunity Fund (Arbitration Before KPMG as mutually-appointed neutral accounting master): Tried March 2001 arbitration in which the purchaser of a business unit sought $9.6 million in net working capital adjustments from our client, the seller. Arbitrator awarded NTOF a fraction of their claims, below AFD’s pre arbitration offer.
• OmegaTech, Inc. v. Monsanto (AAA Commercial Arbitration, December 1999 to June 2000): Defense of Monsanto in arbitration concerning alleged breach of best — efforts and non compete clauses in technology licensing agreement. Tried two-week arbitration hearing in May 2000. Case settled after hearing on terms favorable to Monsanto.
• John O. Butler Company v. Laboratories Kin, S.A. (AAA Commercial Arbitration, April 1999 to November 1999): Defense of Spanish distributor of Butler oral care products against allegations of breach of non compete and best — efforts clauses in confidential arbitration. Lead counsel in six-day trial completed in November 1999.

Asbestos & Other Tort Litigation Experience

• In re W.R. Grace & Co., et al. (U.S. District and Bankruptcy Courts, Delaware, April 2001 to Present): Representation of W.R. Grace and its subsidiaries in bankruptcy proceedings. The case was filed to resolve Grace’s alleged asbestos liability for pending and future property damage and personal injury claims that have been estimated by the claimants to exceed $1 billion. Grace challenged the reliability and scientific validity of the claimants’ evidence that certain of Grace’s asbestos products pose an unreasonable risk, and to litigate other common liability issues. During the 2006-2008 time period, my role in the case has focused on the preparation of the Grace law department lawyers for depositions and potential asbestos claim estimation hearing testimony.
• Alvear, et al. v. Leonard Electric, et al. (District Court, Cameron County, Texas, 1993 1994): Defense of Dura Automotive Systems, one of more than 20 defendants operating so called “maquiladora” manufacturing plants in Matamoros, Mexico, all of whom were alleged to have released contamination resulting in birth defects across the border in Brownsville, Texas. Prepared affidavits and documentary evidence establishing that Dura’s plant could not have contributed to the alleged injuries. Negotiated favorable settlement of the case.
• Baas and Henning, et al., v. Monsanto, et al. (Circuit Court, Oneida County, Wisconsin, 1987 to 1989): Successful defense of product liability claims alleging increased risk of cancer due to claimed exposure to PCB contaminated drinking water caused by defective submersible well pumps.