Willkie Secures Final Judgment for Manufacturer Olin in Long-Running Contract Dispute

February 17, 2021

Olin was awarded $49.3 million in the final judgment issued by the United States District Court for the Southern District of New York.

On February 12, Willkie client Olin Corporation was awarded a final judgment of $49.3 million in Olin Corp. v. Lamorak, concluding the final chapter of three decades-long contract dispute relating to environmental liabilities at dozens of manufacturing and disposal sites. On February 4, Judge Rakoff entered summary judgment in favor of manufacturer Olin Corporation in the suit. After several jury verdicts in favor of Olin, four trips to the Second Circuit Court of Appeals, and numerous trials, including one that led to a previous $120 million partial settlement with Lamorak in 2018, the sole remaining issue in the case was Olin’s claim against Lamorak with respect to the “Crab Orchard” site, located in Marion, Illinois.

With respect to the Crab Orchard claim, Olin sought recovery of substantial costs it, and its successor-in-interest, had incurred in connection with an ongoing CERCLA remedial investigation and cleanup. After extensive discovery, Olin filed a motion for summary judgment seeking recovery of approximately $25 million – plus prejudgment interest of an additional approximately $25 million. With this latest recovery, Olin has now recovered several hundred million over the course of this long-standing litigation.

Olin is represented by a Willkie team led by partner Craig C. Martin, and including partners Matthew Thomas, Brienne Letourneau, Mark Stancil and Randall Jackson, and associate Maria Liu.