Shook Obtains Verdict in First of Its Kind Trial

Shook obtained a plaintiff’s verdict in what is believed to be the first private citizen RCRA/CERCLA civil jury trial in the country. During 2022–2024, Shook Partner Jad Davis was lead counsel defending Shook’s client, the owner of an apartment complex, who filed a civil lawsuit against Excalibur Fuels and other defendants seeking mandatory and prohibitory injunctions under the Resource Conservation and Recovery Act (RCRA) due to hazardous wastes and substances that were, and continue to be, released from a gasoline station next to the apartment complex property. The jury found in favor of Shook’s client on the RCRA, CERCLA, and common law trespass claims. Post-trial proceedings to determine remedies are scheduled to begin June 14. 

In addition to Partner Jad Davis, Shook attorneys who helped secure the successful result include Associates Tom Wynsma and Brandon Gilligan.

The Daily Journal and Mealey’s reported on the verdict.

The case is 12909 Cordary, LLC v. Hussein Berri and Excaliber Fuels, No. 01748 (C.D. Calif., May 8, 2024).