Thomas Lupo devotes his practice to the representation of business entities in complex environmental and commercial litigation cases. Mr. Lupo handles substantial mass and individual toxic tort litigation, Superfund/CERCLA, employment litigation and government enforcement matters.
Mr. Lupo served in the United States Army JAG Corps, retiring from the U.S. Army Reserves with the rank of Lieutenant Colonel.
He was a Thomas J. White Scholar at The Notre Dame Law School.
- American Bar Association
- Section on Environment, Energy and Resources, Superfund and Natural Resources Damages, Vice-Chair, 2015
- Section of Litigation, Environmental Litigation Committee, CERCLA Law Subcommittee, Co-Chair, 2013 – 2015
- Environmental and Toxic Torts Committee, Vice-Chair, 1999 – 2003
Honors & Awards
- Recognized by his peers as a "Leading Lawyer" in the categories of Environmental Law and Toxic Torts Defense Law
- Rated by Martindale-Hubbell for ethics and legal ability
Mr. Lupo works closely with his clients to develop and implement strategies, and has successfully litigated and resolved significant cases in many areas. A selection of his representative cases includes:
- Transformer manufacturer PCB cases. Lead counsel for transformer manufacturing company and former corporate parent in 18 related mass toxic tort actions arising in Mississippi. Over 1,200 neighboring property owners and former employees variously claimed personal injury, property damage and diminution of property values through exposure to PCBs. Venued in various state and federal jurisdictions. Involved substantial removal practice, dispositive motion and Daubert practice, including the retention, presenting and challenging of over 30 experts. Numerous different plaintiffs’ firms from around the Southeast were involved, with myriad strategies presented.
- United States v. Major Manufacturer. Represented aircraft refurbisher/government contractor in turning United States’ seven-figure RCRA penalty enforcement action into a favorable settlement with no penalty, greatly reduced cost of remedial action and exclusive use of existing on-site waste water treatment facility.
- Represented major automotive component systems manufacturer and worked within existing performing PRP Group to reduce client’s participation liability share by two-thirds, without invoking group-wide allocation procedures.
- Boldly opted out of de minimis settlement at major Superfund site, resulting in substantial (over 90%) cost savings and multi-year deferral of expenses.
- Anaya v. Major Manufacturer (Wisconsin). Successfully defended a major paint manufacturer in personal injury and property damage toxic tort suit by residents neighboring a major clean-up site. Nuisance value settlement.
- Personette v. Major Manufacturer (Cook County, Illinois). Action for personal injury / silicosis and retaliatory discharge. Both claims dismissed. Both claims affirmed on appeal.
- United States v. James Cross, et al. (C.D. Ill.). Represented major paint manufacturer in United States’ action to recover costs of environmental cleanup. Common litigation counsel in major cross-claims and third-party plaintiffs’ action for contribution and substantial expert witness practice, resulting in major contributions to settlement and future Site cleanup costs.
- Dydio v. Hesston Corporation (N.D. Ill.). Represented heavy equipment manufacturer in RCRA liability, cost recovery and citizen’s suit case regarding underground storage tanks and property damage. Minimal settlement following motion practice.
- Ninth Avenue Litigation (N.D. Ind.). Represented manufacturer in private party action to recover costs of environmental cleanup, including heavily litigated cross-claims for contribution among co-defendants and substantial expert witness practice.
- Citizens for a Better Environment v. Meyercord Company (N.D. IL). Manufacturer sued for alleged violations of RCRA and EPCRA. Resolved for minor payment and supplemental environmental projects planned by Company.
- Interstate Pollution Control Site. Group common counsel for performing PRPs at Illinois Superfund Site. Negotiated favorable remedy and cashed out smaller parties to finance much of the Site work.
- Stickney/Tyler v. Dura Corporation, et al. (W.D. Mich.). Suit for cost recovery and contribution in private party environmental cleanup. Resolved for fraction of demand.
- Shenk v. Healthstar, Inc. (N.D. Ill.). Successfully defended declaratory lawsuit by doctor for acceptance into PPO. Client dismissed from suit.
- Jackson v. Healthstar, Inc. (N.D. Ill.). Employment discrimination lawsuit. Ultimately nominal settlement.
- Hassain v. U.S. EPA (N.D. Ill.). Represented manufacturer in environmental justice discrimination and toxic tort suit. Case dismissed.
Mr. Lupo frequently speaks on topics pertaining to his areas of practice to various professional groups. His recent presentations include:
"Litigating a CERCLA Allocation Case – Pre-Trial Strategies," Panelist, American Bar Association Section of Litigation Environmental Litigation Committee, Chicago, Illinois, May 2015
- April 9, 2019
- December 24, 2015
- Thomas Lupo Discuss Court Decision Addressing U.S. EPA's Ability to Seek Court Order for Access and RemediationDecember 10, 2015
- Thomas Lupo Discuss Court Decision Addressing Document Privilege Protections Involving Environmental ConsultantsDecember 7, 2015
Tom talks endlessly about playing golf, and is an avid college football fan.
- Parents Council for Wake Forest University, in Winston-Salem, North Carolina, Past Member
- University of Notre Dame National/International Alumni Board, Past Member
J.D., University of Notre Dame Law School, 1985
- Managing Editor, Notre Dame Journal of Law, Ethics & Public Policy
B.A., University of Notre Dame, 1982
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Northern District of Illinois
- U.S. Military Court of Criminal Appeals