Find Lawyers.
|
|
Stewart D. Fried devotes his practice to litigation and dispute resolution matters, with an emphasis on the areas of agricultural, environmental, commercial, government contracts and employment-related litigation. Mr. Fried is experienced in all aspects of pre-trial, trial, and appellate matters before the District of Columbia, Florida and the Federal Courts, including class action litigation. Mr. Fried has represented a variety of agricultural interests, corporations and individuals in matters concerning alleged violations of Federal and state environmental laws, nuisance, trespass and other tort actions relating to odors from agricultural operations, government contracts, commercial and employment litigation, as well as during administrative proceedings before the U.S. Department of Agriculture and the U.S. Environmental Protection Agency.
Mr. Fried received his B.A. in 1990 from the Johns Hopkins University and his J.D. from the University of Miami (Cum Laude). Mr. Fried was admitted to the Florida Bar in 1995 and the District of Columbia Bar in 1998. He is a co-chair of the Agricultural Litigation Subcommittee of the American Bar Association’s Section of Litigation, serves on the Advisory Board of BNA’s Toxics Law Reporter and is the Treasurer of the Florida State Society. Mr. Fried previously practiced with an AmLaw 100 firm in the District of Columbia.
Experience Highlights
Environmental litigation case for pork producing companies
Represents leading Tennessee pork producer and related entities in class action brought by nearby residents in Kentucky federal court under nuisance, trespass and other theories.
Environmental litigation case for pork producer
Represented leading livestock producer in public and private nuisance action brought by nearby residents in Illinois state court. Public nuisance claims were dismissed and jury trial on private nuisance claims resulted in a verdict in favor of the producer. Judgment in favor of producer was affirmed on appeal by Illinois appellate court.
Environmental class action litigation for farmers and an agricultural association
Represented Kentucky bluegrass farmers and an agricultural association in class action litigation in Idaho state court. Successfully obtained a writ of mandamus reversing trial court preliminary injunction from the Idaho Supreme Court.
EPCRA proceeding for pork producer
Represented large pork producer in context of notice of intent to sue under EPCRA based upon alleged failure to report ammonia and hydrogen sulfide emissions from hog barns.
Insurance coverage defense for agricultural producers
Represents farmers in declaratory judgment actions brought by insurers in multiple federal courts relating to insurance coverage based upon routine farming practices.
Government contracts actions for leading milling company
Represented large milling company in government contract dispute with USDA and USAID. Matter resolved pursuant to favorable settlement for contractor.
Food stamp program disqualification appeal for rural vendor
Represented vendor in administrative appeal of disqualification from participation in USDA’s SNAP/food stamp program. Disqualification was reversed and vendor was permitted to continue accepting SNAP benefits.
Statutory claims litigation for landfill owner
Represented landfill owner in statutory claims against regional waste authority in Virginia Circuit and appellate courts.
Religious freedom litigation for New Jersey churches
Represented two New Jersey churches in actions against state Department of Environmental Protection related to violation of RLIUPA. Both actions resolved pursuant to structured settlements.
Employment discrimination defense for an agricultural association
Represented Washington, D.C.-based agricultural association in administrative racial discrimination and hostile work environment action. . District of Columbia administrative agency issued “no probable cause” determination and no action was ever commenced
Condominium litigation for purchaser
Represented condominium purchaser in action against real estate developer in Virginia circuit court. Obtained judgment for purchaser following bench trial.
Employment litigation for governmental employees
Represented multiple employees in reduction in force and other employment actions against the District of Columbia government and various agencies before the Office of Employee Appeals and in Superior Court litigation.
Government contracts litigation
Represented defense contractor in Court of Federal Claims challenge to award of State Department embassy and consulate security contract.
Bar Admissions:
Florida, 1995
District of Columbia, 1998
Selected Court Admissions:
U.S. District Court of the District of Columbia
U.S. Court of Appeals 1st Circuit
U.S. Court of Appeals 3rd Circuit
U.S. Court of Appeals 6th Circuit
U.S. Court of Appeals Federal Circuit
U.S. Court of Appeals District of Columbia Circuit
U.S. Court of Federal Claims
U.S. Supreme Court
Education
University of Miami School of Law, J.D. (1995), cum laude
Johns Hopkins University, B.A. Economics (1990)
Published Works
Animal Activist Groups Saddled With Attorney’s Fees for “Groundless” Lawsuit, OFW Law Blog, April 2013
EPA and Environmental Groups Float Into Stormy Waters, OFW Law Blog, January 2013
Splish/Splash: No Original Subject Matter Jurisdiction Over EPA’s Water Transfer Rule, OFW Law Blog, November 2013
Eight Isn’t Enough: American Farm Bureau Permitted to Intervene In WV Poultry Dust Suit Against EPA, OFW Law Blog, October 2012
California Court Decision May Have Major Implications for Farmers Using Drain Tiles, OFW Law Blog, October 2012
Congress to the Rescue? An Update on the 6th Circuit Case, National Assn. of Wheat Growers Newsletter, October 2010
Impacts of National Cotton Council v. EPA: NPDES Permits Are Likely Needed Prior to Routine Application of Pesticides, ABA The Environmental Litigator, Summer 2009
Impacts of National Cotton v EPA, Ag Professional, March 2009
Impacts of National Cotton v. EPA: Wheat Growers May Need NPDES Permits to Apply Pesticides, National Assn. of Wheat Growers Newsletter, February 2009
Protecting Attorney Work Product in Communications with Testifying and Consulting Experts, ABA Environmental Litigation Committee Newsletter, October 2006
Professional Associations and Memberships
American Bar Association (Environmental Litigation Committee, Co-Chair, Agriculture Subcommittee), 2007-Present
Advisory Board Member, BNA's Toxics Law Reporter, 2006 - Present
Treasurer, Florida State Society, 2011 - Present
| Eau Claire Law Lawyer |
