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

Employment Law Observer
Dec 8, 2025
12 Days of California Labor and Employment: 2025 Year in Review

Press Release
Dec 4, 2025
Hinshaw Recognized by the Leadership Council for Legal Diversity as a 2025 Top Performer

Press Release
Nov 25, 2025
Hinshaw Legal Team Secures Summary Judgment in Gas Station Injury Case

Press Release
Nov 18, 2025
Hinshaw Releases the Third Edition of Duty to Defend: A Fifty-State Survey

In The News
Nov 13, 2025
A Profile on Neil Rollnick: After 57 Years in Practice, He Has No Plans to Retire

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand






