Alan S. Miller Selected Cases

Environmental Law

• Representation of a major chemical manufacturer in several matters concerning multiple disposal sites where its waste was disposed by a transporter.

• Representation of a waste disposal company in various regulatory and permitting matters, including litigation arising out of regulatory decisions.

• Representation of a municipal water company in an action against the owners and operators of several industrial facilities located near public water supply wells for damages caused by groundwater contamination from industrial solvents.

• Representation of a generator of listed hazardous wastes in an action brought by the owner of the disposal company which accepted them for delivery to and disposal at the disposal company's landfill. The action, which was brought under the federal and state superfund laws as well as Pennsylvania common law, sought several million dollars in the estimated costs involved in closing the landfill in compliance with Pennsylvania hazardous waste disposal regulations.

• Representation of an oil recovery and environmental remediation company involving alleged CERCLA liability for contamination at an oil reclamation facility.

• Representation of a hazardous waste disposal company which transported industrial wastes to a municipal landfill, in an action brought by the United States Environmental Protection Agency seeking to compel generators and transporters of industrial wastes to finance the estimated $50 million closure of the landfill.

• Representation of a plastics manufacturer against a former industrial owner and operator of the premises arising out of groundwater contaminated with various hazardous substances.

• Representation of waste disposal company in challenge to constitutionality of state regulation imposing a harms versus benefits test for permitting.

• Representation of discount grocer in purchasing land within a recycled industrial park for construction of a distribution facility.

• Representation of non-profit corporation in the purchase of properties contaminated by the release of gasoline from underground storage tanks at a former gasoline station.

• Representation of a class of city residents against major oil company arising out of inundation of homes with gasoline fumes caused by release from underground storage tanks.

• Representation of municipal water authority protecting against threatened contamination of public water supply presented by major release of gasoline from underground storage tanks.

• Representation of a municipal operator of a sewage collection and treatment system in multifaceted litigation arising out of the alleged contamination of farm land from cadmium contained in sewage sludge used as a fertilizer and soil conditioner on the land.

Insurance

• Representing insurance companies in coverage litigation brought by manufacturers of tobacco products seeking coverage for third-party personal injury claims allegedly arising out of use of tobacco products.

• Representing insurer in action for declaratory judgment and bad faith arising out of claims against policyholder for blast fax liability under the Telephone Consumer Protection Act (TCPA). Reported decision, Melrose Hotel Co. v. St. Paul Fire and Marine Ins. Co., 432 F.Supp.2d 488 (E.D. Pa. 2006), aff'd, 2007 U.S. App. LEXIS 22711 (3d Cir. Sept. 25, 2007).

• Representation of insurer against claim for coverage brought by persons exposed to asbestos who had not yet been diagnosed with disease. Reported decision Erdely v. Hinchcliffe and Keener, Inc. et al., 875 A.2d 1078 (Pa. Super. 2005), appeal denied, 890 A.2d 1059 (Pa. 2005).

• Representing insurance company involving coverage issues raised by multiple actions arising out of contaminated pharmaceutical products.

• Representing umbrella insurer in coverage dispute arising from asbestos liabilities.

• Representation of insurance company in coverage and bad faith action involving advertising injury coverage for trademark infringement claims and circumstances requiring retention of independent counsel under Pennsylvania law. Reported decision Maddox v. St. Paul Fire & Marine Ins. Co., 70 Fed. Appx. 77 (3d Cir. 2003).

• Representation of insurance company in garnishment action seeking coverage under commercial general liability policy for defective log home kit. Reported decision Freestone v. New England Log Homes, Inc. and North River Ins. Co., 819 A.2d 550 (Pa. Super. 2003), appeal denied, 2003 Pa. LEXIS 1460 (Pa. 2003).

• Representation of insurance company in breach of contract and bad faith claims arising out of denial of coverage under public entity management policy.

• Representation of insurance companies in bankruptcy court involving coverage disputes arising out of asbestos liabilities and attempts to assign policy rights to a trust under plans of reorganization.

• Representing insurance companies which issued environmental remediation bonds in forfeiture litigation initiated by Pennsylvania Department of Environmental Protection.

• Representing excess insurers in indemnity dispute arising from national class action settlement involving a national restaurant chain.

• Representation of insurance company in coverage action brought by industrial insured seeking coverage for environmental liabilities under pre-pollution exclusion policies.

• Representation of insurance broker involving claims arising out of owner-controlled wrap up insurance programs for turnpike construction project and publicly funded convention center.

Commercial Litigation

• Defending a manufacturer of industrial fans against breach of contract, warranty and indemnity claims brought by electric utility.

• Defending manufacturer against claims of misappropriation of trade secrets and conversion brought by its principal competitor.

• Defending accounting firm against claims of errors and omissions in financial audits.