By Brittany W. DeBord | Published September 23, 2020 | Posted in Frivolous Claims, Lead Exposure, Toxic Tort & Injury Claims | Comments Off on Lead Exposure and Frivolous Litigation
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Brittany W. DeBord
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Lead Exposure and Frivolous Litigation
Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even fatal consequences to those exposed, as well as massive liability on the property owner. For this reason, lead paint was banned in 1978 and lead Read More
Read MoreNew Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers
Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as one example. However, what if the chemicals in that product were harmful? What if the product does not disinfect as advertised? The consequences could be Read More
Read MoreSupreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts
It is clear that a manufacturer of a product that contains asbestos can be held liable in New Jersey for asbestos related illnesses associated with the use of the asbestos containing product or associated with the manufacture’s failure to warn about potential harm. This essentially follows traditional theories of product liability when plaintiffs are injured Read More
Read MoreNew Jersey Defends its Sovereignty after PennEast petitions the Supreme Court
Penneast Pipeline Company is seeking relief from the United States Supreme Court in order to build the Penneast pipeline through the use of federal eminent domain. The pipeline has been a source of controversy in New Jersey, as environmental groups and the State continue to oppose its construction. Application for the pipeline was filed with Read More
Read MoreFrequently Asked Questions About New Jersey Natural Resource Damages Cases
For many years, natural resource damages claims represented a fairly insignificant part of the environmental law landscape nationally as well as here in New Jersey. When seeking damages for a contaminated site, the government’s primary priority has been remediation. However, more recently, the government has sought to collect damages for loss of natural resources, as Read More
Read MoreEPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO
This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020, revises the definition of “waters of the United States,” governing regulated waterways under the federal statute. This move was welcomed by various industry and agricultural Read More
Read MoreNew Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment
On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in environmental contamination cases. New Jersey has the authority to collect damages for restoration of natural resources under the New Jersey Water Pollution Control Act, N.J.S.A. Read More
Read MoreA draft settlement is not an executable agreement for parties seeking to settle Natural Resource Damage liability under the Spill Act
The Appellate Division recently handed down its decision in Cumberland Farms, Inc. v. New Jersey Department of Environmental Protection, et al., holding that no enforceable settlement existed between the two parties with respect to Natural Resource Damage (“NRD”) claims associated with fifty-four sites. Under the Spill Act, the New Jersey Department of Environmental Protection (“DEP”) Read More
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Lead Exposure and Frivolous Litigation
By Brittany W. DeBord / September 23, 2020
Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
Read More
New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers
By Brittany W. DeBord / September 14, 2020
Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as
Read More
Notices and Appellate Review of a CAFRA Permit
By C. Michael Gan / July 30, 2020
In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review
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Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances
By Michael Camastra / July 8, 2020
On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
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