Thomas Lupo Discusses Court Decision Addressing Reversal of Decision to Uphold Divisibility Defense
In The News | 1 min read
Dec 24, 2015
Thomas D. Lupo — a Chicago-based partner in the Environmental Practice of Hinshaw & Culbertson LLP — authored the case summary, "Third Time Is a . . . Strike Out. NCR Superfund Divisibility Ruling Is Reversed," which was published on December 2, 2015, on the American Bar Association Section of Environment, Energy, and Resources' website.
The case summary focuses on the U.S. District Court for the Eastern District of Wisconsin's decision in United States v. NCR Corp., Case No. 10-C-00910 (2015), a case in which the court reversed its prior ruling upholding a divisibility defense. As explained by Mr. Lupo, "[t]he decision reversed what had been one of the only reported district court decisions to uphold a divisibility defense" since the U.S. Supreme Court issued its opinion in Burlington Northern v. United States, 556 U.S. 599 (2009). Burlington Northern addressed divisibility under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry




