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 The
firm is a nationally-recognized leader in the area of insurance
coverage work, especially in relation to environmental liability
claims. Landmark cases litigated by Plews
Shadley Racher & Braun, including the Kiger, Dana,
and Summit decisions, have made Indiana law a forerunner in assisting
policyholders in facing such losses. This work has drawn widespread
attention to the firm and has resulted in recovery of significant dollars
for the firm's clients. See the following: Indiana
Lawyer reprint: "The Winners -- War stories from a few of Indiana's
best litigators" " Litigations net over $130 million"
(12/19/01); Newsletter:
"Firm's clients receive more than $100 million through settlement
of environmental insurance claims" (12/31/01) (.pdf)
In the past five years, we have argued over 25 appeals in the Indiana Court of Appeals, the Indiana Supreme Court, and the Seventh Circuit Court of Appeals.
Prevailed in a series of litigations and appeals defeating opponents of Indiana's last commercial hazardous waste landfill, including obtaining a court reversal of an 8-1 decision denying a facility siting application. Sue Shadley in 2003 received the Indiana State Bar Association's prestigious "Women in the Law Committee's 2003 Achievement Award"
Obtained over $1.7 million in damage from two major oil companies for lost use of several acres where two gasoline stations were operated. The oil companies also paid for the cleanups. Defended a public body against a claim for $500,000 in damages from contaminated soil, settling for a sum less than 1/10 of the damage claimed, and then obtained coverage for that settlement and all defense costs from the public body's insurer. Secured damages for dust contamination of residences near a factory.
Represents a major national disposal site owner in its claim for contribution in a major Superfund cleanup in Southern Indiana against a variety of companies which had materials transported to the site. The case already has produced one landmark Superfund decision. Successfully represented a variety of landowners dealing with contamination of their properties by neighbors or prior users, through a combination of insurance claims, public funds, and litigation against contaminators.
Manages a variety of Superfund representations as individual business or group counsel. Assisted a number of businesses and individuals in securing zoning and other land use approvals for a series of controversial projects.
Represented a residential subdivision developer in successfully opposing challenge to issuance of IDEM construction permit authorizing extension of a major municipality's sewer line. Negotiated the $1 million settlement of an environmental class action in connection with the delivery of bacteria-contaminated drinking water to residents of a trailer park near Indianapolis.
Filed first appeal under Indiana's Excess Liability Fund Act on behalf of an Arizona company with Indiana operations, resulting in the eventual decision of the Indiana Court of Appeals in favor of our client.
Represented nearly 20 potentially responsible parties in connection with the Wayne Reclamation & Recycling Superfund Site in eastern Indiana. Represented client accused of improper labeling under the Federal Insecticide, Fungicide and Rodenticide Act. Negotiated Consent Decree with U.S. Environmental Protection Agency, EPA Region V lawyers, resulting in a two-thirds reduction in fines. Negotiated a unique "prospective purchaser agreement" with the U.S. Department of Justice and the U.S. Environmental Protection Agency on behalf of a municipality in connection with the lease and purchase of a 43 acre former industrial facility. Successfully helped a university foundation recover over $250,000 in losses it suffered when a life insurance fund raising program did not produce the results promised.
Successfully defended a not-for-profit conference center against a large tax claim brought by the local tourism authority. Obtained pension benefits for a client who was wrongfully denied coverage for a disability by his former employer. Defended and advised churches, schools, priests, ministers, and other not-for-profit enterprises in litigation and business matters.
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I © 2000-2008 Plews Shadley Racher & Braun LLP, Indianapolis & South Bend, Indiana. All rights reserved |
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Obtained
a series of summary judgments disposing of what is believed to be
the largest 
Obtained
cleanup costs and expenses from a major oil company for pollution
of a small Indiana town's water supplies by a branded station not
owned by the oil companies, a victory of first impression in the United
States. The work led the 
Represents
Indiana's largest utility in cutting edge litigation involving enforcement
actions retroactively challenging maintenance activities as violations
of the 
Won
a series of 
Represents
a major manufacturer in large 
Represented
a national developer of student housing complexes in negotiating a
sewer capacity agreement that enabled a major housing project to proceed,
despite the threatened withdrawal of a prior capacity assurance that
had jeopardized the entire project.
Negotiated
a consent decree with reduced penalties and remediation requirements
with Environmental Resource Division lawyers of the U.S. Department
of Justice and U.S. Environmental Protection Agency, Region V lawyers
on behalf of a client accused of filling 
Represented
a golf course and country club in an appeal by 600 petitioners against
approval of the club's NPDES 
Negotiated
an agreement among the Indiana Department of Natural Resources, the
Rome City Conservancy District and client regarding an eminent domain
action against our client in connection with $6 million state dam
project. Resulted in favorable disposition of matter.
Represented
a nationally-known educational institution in procuring state and
federal permits in connection with the removal and restoration of
a trout stream necessary for construction of a golf course.
Represented
a major national petroleum pipeline, storage and terminaling company
in connection with contamination it discovered at a storage terminal
purchased from another company.