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2 Taft lawyers behind new ABA book

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il-environmental-book01-1col.jpgenvironmental-factbox.gifThe idea for “Environmental Liability and Insurance Recovery” came to Taft Stettinius & Hollister LLP attorneys Frank Deveau and David Guevara while waiting for another environmental-themed book they worked on to be published. In fact, the liability and recovery book, which came out in May, made it out a couple months before the other. Both were published by the American Bar Association.

That languishing book made them insistent that they could get the “Environmental Liability and Insurance Recovery” book out in one year. As editors, they could set the deadlines, hold authors accountable, and get the product to the publisher and printer on their timeline.

The two recognized the aggressive deadline, which they missed by only about six months.

Deveau and Guevara – who have worked with the ABA on other publishing projects – selected the authors to write chapters for this book. And they knew that Indiana has a wealth of knowledge in insurance coverage for environmental liability.

“Indiana has been a leader – right or wrong – in how the law has developed in the country” on insurance coverage for environmental matters, Deveau said. “We thought it’d be a great idea for a compilation of the law throughout the country on this topic.”
 

il-taft-book02-15col.jpg Taft Stettinius & Hollister LLP lawyers Frank Deveau (far left) and David Guevara asked Taft attorney Tom O’Gara (right) and Kightlinger & Gray LLP lawyer Ginny Peterson to write chapters for their new book. (IL Photo/ Perry Reichanadter)

He noted that the firm has offices in Ohio, where the law is not as favorable as Indiana’s, and that state sees contaminated properties sit because there’s no insurance money for them. Indiana and states with laws favorable for insurance recovery are leading the country in terms of brownfield redevelopment, Deveau said.

Guevara said there really isn’t a book like “Environmental Liability and Insurance Recovery” that comprehensively addresses matters involving this area of practice. He hopes lawyers across the country will purchase it and use it as a reference.

Chapters include topics on Superfund liability, the Resource Conservation and Recovery Act, and an insured’s response to environmental liability.

Deveau and Guevara asked attorneys in their office and lawyers around the country for suggestions as to whom should contribute to the book.

“We set our sights high regarding authors,” Guevara said. “We identified a set of what we considered preeminent environmental practitioners.”

Most of the attorneys contacted agreed to write for the book, including three Indianapolis attorneys – Tom O’Gara, of Taft; Ginny Peterson with Kightlinger & Gray LLP; and George Plews of Plews Shadley Racher & Braun LLP.

O’Gara wrote about common state statutory claims, such as illegal dumping and underground storage tanks. Plews’ chapter is on pollution exclusions in insurance policies, and Peterson wrote about the insurer’s response to an environmental liability claim.

Peterson broke out what she thought people would want to know about how insurance companies look at environmental matters and walks people through possible outcomes.

“I wanted people who may not typically practice in this area to also understand it,” she said.

With busy practices and family duties, the authors devoted certain times of the day or weekends to the project, they said. Peterson said she had to set aside a whole day or afternoon to write because it wasn’t something that you could work on for 15 minutes here or there. She estimated it took about four months for her to finish.

Plews said it took him just a couple of weeks to finish his chapter once he had time to focus on it. He’s very familiar with the pollution exclusion – he’s been practicing and litigating in that area for more than 20 years, he said.

The same time constraints for working on the book applied to Deveau and Guevara when it came to editing. Both spent late evenings and weekends working on the publication.

Because they were balancing the demands of their practice with the book, some authors needed to have their deadlines bumped back. Peterson asked for an extension and O’Gara said his needed moved a few times. With his fellow Taft attorneys as the editors, though, he knew exactly where everyone else was in the process and was able “to take advantage of that inside information,” he joked.

When asked why they would give up free time to work on a project like this, everyone said they did so because they learned something from it. The book allowed Peterson to combine her previous experience as a teacher and in the insurance industry with her legal experience. It also is a great tool for professional development.

“I learn from other people because those people have taken time, free of charge most of the time, to educate others,” she said. “I feel a need to do that. I like others to know I have this type of experience.”

“Quite frankly, it does become fun in the process,” Peterson said. “It makes you think about things outside of the case. I always learn in the process. I get as much from the process as I give.”

“I think whenever you sign up to do something like this, you learn something new about the law because it causes you to look at it in great detail and maybe in a fresh perspective because you’re not looking at it from one client’s perspective,” O’Gara said.


plews-george-mug.jpg Plews

Plews was quite happy to contribute to the book his knowledge on the pollution exclusion, which he described as a key topic.

“It’s a very important issue that was really near and dear to my heart,” he said. “I was pleased to contribute to a book which has a lot of other good chapters and distinguished folks from around the country on various topics related to environmental cost recovery.”

He enjoys writing and likes the chance to write outside of briefs. Writing book chapters like this allows him to step back and ask why an issue or policy is the way it is, he said, without the writing being tied to one particular case.

Even though the book is focused on environmental issues and insurance recovery, Plews thinks that it would be helpful to attorneys who practice outside of the environmental area because of the insurance and cost-recovery information.

Deveau and Guevara have heard positive feedback on the book. Guevara said he’s had inquiries from insurance companies for copies of the book and from attorneys who weren’t involved in the project asking how to get copies.

This is the first book that Peterson has worked on and she’d consider contributing to another. If she did, however, she’d begin to work on it earlier.

“It’s always crunch time. That’s how attorneys are though, we work under deadlines.”•

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  1. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  2. Low energy. Next!

  3. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  4. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  5. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

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