Dennis Caputo as As Consulting Expert Environmental Matters

Case 5: Confidential Client, New Jersey

Counsel for plaintiff retained Mr. Caputo to act as a consulting expert to assist in the case against current and prior owner/operators of a 28-acre parcel of contaminated property in New Jersey that had industrial operations on it since the turn of the century.  Mr. Caputo also developed a “realistic cost” estimate to remediate the property and associated off-site contamination as part of a settlement offer.

Consultants had been collecting data about on and off-site contamination for over five years but had not been able to identify the sources of contamination of the property over the past 100 years.  In fact, the prior consultants had mistakenly attributed the contamination to a brass foundry that ceased operation in 1939 when it filed for bankruptcy.  With less than $10,000 of additional testing, Mr. Caputo was able to characterize the type and sources of contamination, which was instrumental in defeating four motions for summary judgement by a former iron foundry operation and three scrap metal recyclers. 

Mr. Caputo identified testifying expert candidates, interviewed them with counsel and participated in the selection process.  Mr. Caputo then guided the experts in preparing their opinions based on the information that had been collected.

Mr. Caputo also assisted counsel in interviewing individuals associated with the former operation, some of whom were identified as potential fact witnesses.  He developed questions for counsel to ask witnesses for the other sides and was present to assist in depositions of other parties.

Mr. Caputo, after reviewing the 100 years of operations at the site, developed allocation models for on and off-site contamination based on historic operations, waste characteristics and management practices, scrap material storage and processing, waste water discharge treatment and discharge, as well as air treatment systems and emissions.  After evaluating alternatives for dealing with on and off-site contamination, Mr. Caputo was able to allocate costs among the litigating parties, which was used as a basis for settlement discussions.