Court Error – Abuse of Discretion

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7^th Circuit Court of Appeals

Case Name: William Liebhart, et al. v. SPX Corporation, et al.

Case No.: 18-1918; 18-2598

Officials: BAUER, KANNE, and BRENNAN, Circuit Judges.

Focus: Court Error – Abuse of Discretion

William and Nancy Liebhart together own three houses on the same block in Watertown, Wisconsin. Besides a few other houses, the rest of the block was previously occupied by an abandoned transformer factory, last owned by SPX Corporation. In 2014, SPX demolished the building with the assistance of TRC Environmental Corporation and Apollo Dismantling Services (collectively, “the defendants”). The Liebharts allege that dust and debris containing toxic chemicals migrated onto their properties, contaminating their yards and jeopardizing their health and the health of their tenants.

The Liebharts sued under federal statutes authorizing private rights of action for environmental contamination. They also brought various state-law claims. Following discovery and the submission of expert witness reports, the district court denied the Liebharts’ motion for partial summary judgment and granted summary judgment to the defendants with costs. Although the district court adequately evaluated the expert witnesses and did not abuse its discretion in its procedural decisions, the court set the bar unnecessarily high for the plaintiffs to show a violation of the applicable federal statutes. For that reason, we vacate the district court’s judgment and remand for reconsideration.

Vacated and Remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.