Areas of Practice

CERCLA/RCRA Litigation

Over the past 15 years, at least half of Mr. Goldsberry's practice has consisted of litigation involving the remediation of hazardous substances such as lead, perchloroethylene (dry cleaning solvent) and other solvents, MTBE, BTEX, and pesticides.  Although claims of this type are usually filed in federal court under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") (42 U.S.C § 9601 et seq.) or the Resources Conservation and Recovery Act ("RCRA") (42 U.S.C. § 6901 et seq.), Mr. Goldsberry has litigated these claims under California law in both state and federal court.  

Mr. Goldsberry has represented both plaintiffs and defendants in this type of litigation, ranging from individuals to large corporations and municipal governments.  Mr. Goldsberry has worked on matters involving sites such as various types of industrial facilities and gasoline stations, but he has particular experience with cases involving closed waste dumps and dry cleaning businesses.  

While cases of this type are typically settled through mediation, and Mr. Goldsberry has participated in dozens of successful mediation sessions, Mr. Goldsberry has also litigated these cases, including trying a cleanup case to a jury in federal court.  In that case, entitled Exxon Mobil v. New West Petroleum, Mr. Goldsberry represented an individual who purchased a gasoline station from New West Petroleum, which had in turn purchased the station from Exxon Mobil.  When Exxon Mobil sued New West Petroleum over MTBE contamination, New West Petroleum in turn sued Mr. Goldsberry's client.  Efforts to settle the case were unsuccessful, and the case was tried to a jury in the United States District Court in Sacramento.  After a month long jury trial, the jury was unable to reach a verdict and a mistrial was declared.  The parties then stipulated to adjudication by the bench based on the record created by the jury trial, which resulted in a defense verdict.  That verdict was later affirmed by the Ninth Circuit Court of Appeals.  

Business Litigation

Mr. Goldsberry has significant experience handling business litigation such as shareholder suits, breach of contract or warranty claims, and collection matters.  Mr. Goldsberry has also represented clients in trade regulation litigation, such as false advertising claims and intellectual property disputes, such as patent and trade dress infringement. Like Mr. Goldsberry's environmental litigation experience, business litigation clients have ranged from indviduals to Fortune 500 companies.  Mr. Goldsberry has represented both plaintiffs and defendants in business matters.  

© Tripp Goldsberry 2013