Member Information

David R. Erickson

Shook, Hardy & Bacon L.L.P

2555 Grand Blvd.
Kansas City, MO64108

Work Phone:
(816) 559-2487

EPA Region:
Region 7 - (IA, KS, MO, and NE)
Year of induction:
J.D., with distinction, University of Iowa College of Law, 1981 Iowa Law Review, Note and Comment Editor (1980-1981) B.A., with high honors, University of Texas at Arlington, 1978
Bar Admissions Kansas Missouri Wisconsin
Court Admissions:
U.S. District Court, District of Kansas U.S. District Court, Eastern District of Missouri U.S. District Court, Western District of Missouri U.S. District Court, Eastern District of Wisconsin U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Tenth Circuit
Professional Societies and Organizations:
American Bar Association, Section of Environment, Energy and Resources American Bar Association, Section of Litigation Environmental Litigation Committee, Former Co-Chair CLE Programming Subcommittee, Co-Chair (2009-2010) Judicial Intern Opportunity Program American Bar Association, Section of Tort and Insurance Practice American College of Environmental Lawyers Fellow Executive Committee (2016-2019) Defense Research Institute Environmental Law Institute, Leadership Council (2018-2019) Federation of Defense and Corporate Counsel Toxic Tort and Environmental Law Section, Vice Chair Trial Tactics, Practice and Procedures Product Liability Section Corporate Counsel Symposium International Association of Defense Counsel Johnson County Bar Association Kansas Bar Association Kansas City Metropolitan Bar Association, Environmental Law Committee, Former Chair The Missouri Bar Wisconsin Bar Association
Other Environmental Career Experience:
The Best Lawyers in America, Environmental Law, Litigation Environmental, Mass Tort LitigationClass Actions Defendants (2007-Present) Lawyer of the Year (2019) Missouri & Kansas Super Lawyers (2005-Present) Chambers USA America's Leading Lawyers for Business (2003-Present) Band 1 - Kansas City, Environmental Law Missouri Litigation StarLocal, Benchmark Litigation The Definitive Guide to America's Leading Litigation Firms & Attorneys (2011, 2013-2018) The Legal 500 United States (2011-2012, 2014-2016) Best of the Bar, Kansas City Business Journal (2006-2011) AV Rating, Martindale-Hubbell
Illustrative Projects:
Passaic River Litigation Served as common counsel for approximately 100 third-party defendants in state court litigation by the State of New Jersey, and currently serving as common counsel for approximately 75 defendants in CERCLA cost-recovery action by Occidental in federal court. Fox River Litigation Served as counsel for Appleton Coated Pipes on case concerning PCB contamination of river sediment. Metropolitan Sewer District Served as counsel for the District in matter concerning sewer upgrades to illegal CSOs and SSOs. Susan Ball et al. v. Marley Pump Co. Represented defendant Marley in an action by approximately 50 people who claimed personal injuries, property damages, and medical monitoring as the result of alleged exposure to gasoline. Four bellwether plaintiffs' cases were tried to a jury in Montgomery County, Pennsylvania. Obtained a defense verdict. FAG v. Midcon Defended Midcon against CERCLA 113 and 107 claims by FAG Bearings. The case was tried in the U.S. District Court for the Western District of Missouri. The district judge ruled against FAG and in favor of client on all statutory and common law claims. Client also obtained a judgment for over $2 million in attorneys fees, costs and expenses due to FAGs bad faith in the cost recovery litigation. Represented salt mining clients in the defense of subsidence claims. The claims were instituted against solution mining companies and hard rock mining operations by neighbors who alleged that their surface property rights had been injured as a result of a undermining that resulted in subsidence. Represented public utility companies in actions instituted against the companies as the result of former manufactured gas plants. These matters have included a close examination of the historic coal gas plant operations and have also focused on successor liability issues since such operations were shut down more than 50 years ago and the liability and responsibility for such operations might have been assumed or transferred to other companies. Represented clients in several lawsuits concerning historic operations and responsibility for old gasoline service stations and old dry cleaning operations. In addition to standard questions regarding liability and damages, several of these cases have also presented unique questions regarding personal liability for individuals and successor liability. Represented potentially responsible parties in federal and state CERCLASuperfund actions in Kansas, Missouri, Wisconsin, Iowa, Oklahoma, Vermont, Illinois, Florida, Utah, Texas, Washington, New Jersey and Louisiana. Represented clients in litigation against state agencies and private parties regarding leaking underground storage tanks. Represented clients in environmental insurance coverage litigation. These cases have included coverage for current operations, current lawsuits and historic environmental liabilities. Defended citizen suit actions instituted by neighbors and public interest groups against corporations. In those cases, the plaintiffs have asserted that clients have violated the Clean Water Act and Clean Air Act and the plaintiffs have sought monetary damages, injunctive relief and attorneys fees.