Taft secured the dismissal of all claims against the City of Cincinnati and the Metropolitan Sewer District (MSD) regarding soil deposited on residential property owned by the plaintiffs. The plaintiffs filed suit against many entities, alleging that contaminated fill material had devalued their property.

First, Taft prevailed in the district court, where the city and MSD were dismissed before trial. On July 22, 2020, Judge David L. Bunning granted dismissal because “there [was] no jurisdiction” over the city under Kentucky law.

After a trial involving other defendants, the plaintiffs filed an appeal. Appearing before the Sixth Circuit Court of Appeals, Taft attorneys Aaron Herzig, Erica Spitzig, and William Braff fended off the plaintiffs’ challenge, with Braff arguing the appeal. On July 26, 2024, the Sixth Circuit affirmed the dismissal of all claims against the city and MSD.

Aaron Herzig and William Braff are members of Taft’s Litigation and Appellate practice groups, where they advise clients on contracts, business disputes, business torts, and other legal matters relating to private and public companies. Erica Spitzig is a member of Taft’s Environmental practice group and focuses her practice on environmental matters and regulatory issues.