Efficient Defense

When a franchised waste hauler sued our client for its doorstep trash and recycling services at apartment complexes, our defense resulted in dismissal of all claims without significant cost. The franchised hauler alleged that our client’s moving trash and recycling from apartment residents’ doorsteps to the apartment complexes’ trash compactors amounted to providing solid waste services without a franchise. Our client faced over $1 million in claimed damages as a result of the steep liquidated damages provisions in the municipal ordinances. Given the high stakes, we designed a robust, but efficient defense that sought victory through motions practice without conducting expensive discovery. In summary judgment briefing, we created a clear record distinguishing the services our client provided from those of the franchised hauler, constructing a clear interpretation of complicated municipal codes, and articulating the public policy reasons favoring our client’s position. The court awarded our client summary judgment and ordered the franchised hauler to pay our client’s attorney fees.