Bradley S. Tupi
Brad’s practice centers on commercial, tort, energy and environmental litigation. He has tried jury trials, non-jury trials and arbitrations in Pennsylvania and New York.
Examples of Brad’s practice include:
- Lead litigation counsel for pension fund in $82 million ERISA withdrawal liability arbitration
- Westmoreland County defense verdict in bank fraud case
- Fayette County defense verdict in oil & gas lease dispute
- Litigating oil & gas royalty disputes
- Multi-million dollar litigation over title fallout involving oil & gas interests
- Defense of oil & gas leases held by production
- Successful permit challenge halting a 30-turbine, 60-megawatt commercial wind power project proposed for construction on 22,000 forested, ridge-top acres
- Representing anthracite coal mine companies in safety and health matters
- Dismissal at trial of $3.2 million construction claim against housing authority
- Defense of financial institution in two class actions
- Two defense (jury) verdicts in fire damage cases against electric utility
- Defense (non-jury) verdict in $400,000 claim under phantom stock agreement
- Jury verdict for damages and attorney’s fees under Pennsylvania Storage Tank Act
- Dismissal of Sherman Act antitrust claim following failure of bank merger
- Defense verdict in police brutality case tried in New York City
Brad has represented a number of energy companies. The cases included claims by investors victimized by title problems, claims by contractors for payment, claims by property owners bothered by drilling operations, claims by lessors seeking to void their leases, and claims over post-production royalty deductions.
In the area of tort litigation, Brad has defended doctors and hospitals in medical malpractice cases, chemical and pharmaceutical companies in product liability and toxic tort cases, a major food manufacturer in several product claims and a fork lift manufacturer in four personal injury suits. In construction cases, he has represented owners, general contractors, engineers and roofers in cases from Pennsylvania to Oregon to Australia involving construction of schools, warehouses, hotels, shopping centers, coal processing plants and steel mills.
Brad’s environmental practice is diverse, encompassing real estate deals, leaking underground storage tanks, sewer overflows, regulatory compliance and government enforcement actions. He has represented lenders, municipalities, landfill owners and a wide array of businesses in cases ranging from $30,000 disputes over underground storage tank leakage to multi-million dollar CERCLA suits. He has represented several clients opposing wind energy facilities.
Areas of Practice: Commercial, Energy and Environmental Litigation
Articles and Presentations: “The Effect of Cap & Trade Legislation on the U.S. Iron and Steel Industry,” “What I Learned as an In-House Lawyer,” “Religious Freedom and the First Amendment,” and “Wind Energy Is Not the Answer.”
Honors and Awards: Brad was selected for inclusion as a Best Lawyer in America® in Commercial Litigation. Brad was awarded an AV® rating in the Martindale-Hubbell Law Directory, which is the highest rating for legal ability and ethical standards awarded by this national lawyer directory.
Memberships and Activities: Brad is a member of the Allegheny County Bar Association – Energy and Environment Section, Christian Legal Society, Catholic Men’s Fellowship of Pittsburgh, St. Paul’s Retreat Center, Federalist Society, Alliance Defending Freedom and St. Louise de Marillac Church.
Jurisdictions: Brad is licensed to practice in Pennsylvania and New York.
Education and Background: Brad is a 1975 graduate of Columbia College and a 1978 graduate of Columbia Law School.