Rick Kane won his first environmental case while on active duty in the Marines in the early 1980’s. Leaving the service in 1990, Rick has participated in the resolution – through negotiation, mediation, or litigation – of scores of contested environmental issues and has handled the environmental aspects of hundreds of business deals. Since joining Poyner Spruill in 1993, Rick has guided our clients through the regulations implementing the Clean Air Act; the Clean Water Act; the Comprehensive Environmental Responsibility, Compensation, and Liability Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act, the National Environmental Policy Act; and their North Carolina counterparts. In recent years, Rick has been particularly involved in Brownfields redevelopment issues.
In addition to his environmental practice, beginning in 2002 Rick became professionally engaged in the resolution of legal ethical issues. Since then, he has developed a second practice in legal ethics, legal malpractice, and lawyer professional negligence insurance issues.
Representative Experience
Piraino Brothers, LLC v. Atlantic Financial Group, Inc., No. COA10-831 (N.C. Ct.. of Apps. 2011) - Zero-liability trial and appellate results in defense of attorney and law firm accused of breach of trust agreement, conversion, civil conspiracy, and aiding and abetting client fraud in multi-million dollar real estate transaction.
Laws v. Priority Trustee Services of North Carolina, LLC, 610 F. Supp. 528 (WDNC 2009); No. 09-1432 (4th Cir. 2010) - Dismissal of action, and successful appellate defense of dismissal, in a purported $11 million class action lawsuit against multi-state firm retained to perform foreclosure sales. Plaintiffs alleged that the firm was the alter ego of a related law firm and had breached ethical obligations to a potential class of thousands of borrowers. Dismissal of complaint allowed on the basis that the plaintiffs impermissibly relied entirely on State Bar ethics opinions to support their theory of liability. On appeal, the Fourth Circuit held for the first time that asserted violations of ethics rules, standing alone, cannot support recovery in a civil action in North Carolina.
Yoder et. al. v. Nifong et. al. (N.C. Business Court, 2007) - Successful defense of corporate counsel in shareholders' derivative action.
Lee v. Wike (Superior Court, Alexander County, N.C., 2005) - After mulit-week trial, obtained jury verdict for national poultry producer against litigants seeking injunction on nuisance and trespass theories and claiming extensive personal injuries based on endotoxin exposure.
Porter v. Carolina Blue Land Investments, LLC (N.C. Business Court, 2004) - In multi-party dispute over issues of first impression concerning nature and duration of ownership rights in North Carolina limited liability company, counsel for attorney who created LLC and drafted papers providing for future governance.
State of North Carolina v. W. R. Peele, Sr., Trust (U.S. District Court, Eastern District of N.C., 1994-present) - In multi-party litigation and subsequent administration of settlement requirements, counsel to post-disposal buyer of property containing undisclosed pesticide waste pit.
US EPA v. ABC One-Hour Cleaners, Inc. (administrative settlement, 1998-2001) - In EPA cost recovery claim, counsel for owners and operators of dry cleaning facility alleged to have contaminated municipal drinking water supply at neighboring military installation, a claim receiving national media attention.
Strand v. E.I. Du Pont and Co. (U.S. District Court, Eastern District of N.C., 2004) - Counsel to defendant ABC One-Hour Cleaners, Inc., in successful defense against toxic tort claims brought by persons claiming injury through ingestion of contaminated drinking water.
Clayton v. Stephens (U.S. District Court, Eastern District of N.C.; Superior Court, Orange County, N.C., 1997-98) - Counsel for chemical distributor in obtaining federal and state judicial sanctions against filer of frivolous citizen suits.
Carolina Solite Corporation v. Stanly Citizens Opposed to Toxic Waste Hazards, Inc. (Superior Court, Stanly County, N.C., 1997) - Counsel for plaintiff hazardous waste recycler in action to enforce settlement terms of previous citizen suit.
Durham Herald Co., Inc. v. North Carolina Low-Level Radioactive Waste Management Authority (N.C. Court of Appeals, 1993) - In case of first impression, counsel for State agency successfully asserting that documents generated by private-sector State contractors are not subject to public records disclosure requirements until actual delivery to the agency.
Co-author, “The Law of Attorney Professional Liability in North Carolina,” The Defender, Summer 2007
General editor and principal contributing author, North Carolina Evidence (West Group 1998)
Contributing author, Practice Commentaries - Federal Rules of Civil Procedure (National Institute for Trial Advocacy, 2001)
Author, "Prosecuting International Terrorists in United States Courts," 12 Yale Journal of International Law 294 (1987)
read all representative experience
Prior Legal Experience
Rick retired from the Marine Corps as a lieutenant colonel. While on active duty, he prosecuted three capital murder trials, defended numerous sensitive cases involving allegations against senior commissioned and noncommissioned officers, and was an early advocate for the development of the now robust field of military operational law. His final tours of duty included assignments as Assistant Staff Judge Advocate to the Commandant of the Marine Corps (for operational law) and as Deputy Legal and Legislative Counsel for the Chairman, Joint Chiefs of Staff.