Litigation

The attorneys at Kalman & Associates deliver superior results in all phases of the litigation process, from pre-litigation negotiation through jury trial, bench trial, and appeal. We have successfully represented multi-national petroleum companies, pharmaceutical companies, chemical companies, and manufacturers in enforcement proceedings brought by the government, including companies named as potentially responsible parties (PRPs) at Superfund sites, and in a broad range of private environmental litigation, including the defense and prosecution of statutory cost-recovery claims, contribution claims, and citizen suit cases of varying size and complexity in federal and state court. Our attorneys are experienced litigators who practice in some of the most heavily regulated jurisdictions in the country and, as a result, are well-versed in the requirements and intricacies of state and local environmental laws and regulations throughout the northeastern United States.

Our approach is to assist our clients in the management of environmental liabilities to minimize the potential for litigation, however, when matters result in litigation, we readily assume a vigorous defense or prosecution role. Once a lawsuit has been initiated, we ensure that our clients are well-positioned to make applications for summary judgment and other pre-trial remedies, where appropriate, effectively and early in the proceedings. As cases progress, we keep clients in the decision-making loop throughout the entire process, ensuring that legal decisions and business interests are always aligned. Regardless of the size of the matter, we are able to marshal our considerable litigation skills, experience, and aggressive creativity to achieve optimum results for our clients.

Kalman & Associates’ litigators have extensive experience in the prosecution and defense of complex, multi-party actions involving cost-recovery and cleanup-cost allocation, and in representing clients in regulatory proceedings concerning contaminated sites requiring remediation or other actions under all major federal environmental statutes and the laws of many states, including:

  • Private cost-recovery and contribution actions;

  • Government-initiated enforcement actions and natural resources damages claims;

  • Successor liability and parent/shareholder claims;

  • Indemnity and liability assumption claims;

  • Multi-party cases involving complex causation, allocation, and fate-and-transport claims;

  • Citizen suits under federal and state statutes;

  • Insurance coverage actions; and

  • Personal injury actions resulting from alleged exposure to hazardous substances.