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Mackenzie Moonan
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Appellate Division Affirms Summary Dispossession of Social Club In Favor of Coastal Protection

By | Published October 16, 2025 | Posted in Uncategorized | Tagged Tags: , , | Comments Off on Appellate Division Affirms Summary Dispossession of Social Club In Favor of Coastal Protection

Despite over 50 years of ownership and use as a social club, Sunset Beach Sportsmen’s Club, Inc., (the “Club”) located on Sunset and Higbee’s Beach in Cape May County, was recently dispossessed of the land. On June 15, 2022, the NJ Department of Environmental Protection (DEP) filed a summary dispossess action in Superior Court. Prior Read More

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Municipalities Must Offer More Than Generic Zoning Purposes to Prove Substantial Governmental Interest

By | Published June 27, 2025 | Posted in Constitutional Law | Tagged Tags: , , | Comments Off on Municipalities Must Offer More Than Generic Zoning Purposes to Prove Substantial Governmental Interest

The Appellate Division reversed the trial court’s grant of summary judgment in favor of defendants Egg Harbor Township (the “Township”) and the Township Planning Board, finding that they did not sustain their summary judgment burden regarding the constitutionality of one of their ordinances. In Garden State Outdoor, LLC v. Egg Harbor Twp., 2025 N.J. Super. Read More

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Chemours Co. and EIDP Inc. Move For Partial Summary Judgment on PFAS Pollution in North Carolina

By | Published May 20, 2025 | Posted in Environmental Law | Tagged Tags: | Comments Off on Chemours Co. and EIDP Inc. Move For Partial Summary Judgment on PFAS Pollution in North Carolina

The State of North Carolina has sued DuPont and two affiliated companies, EIDP, Inc. and Chemours Co., for the alleged contamination of North Carolina’s natural resources due to the Defendants’ operations at a chemical manufacturing facility known as Fayetteville Works. The State of North Carolina maintains that the Defendants use of per- and polyfluoroalkyl substances Read More

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Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

By | Published January 13, 2025 | Posted in Appellate Practice, Environmental Litigation, Site Remediation | Tagged Tags: , , , , , , , | Comments Off on Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

The Appellate Division emphasized in an unreported decision the standard of methodology-based testimony that experts must demonstrate in order to be deemed reliable and admissible into evidence. In Dorrell v. Woodruff Energy, 2021 N.J. Super. Unpub. LEXIS 397, the Appellate Division reiterated that a party advancing expert testimony must show that the proffered witness has Read More

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Court Imposes Massive Penalty for Spoliation of Evidence

By | Published January 6, 2025 | Posted in Appellate Practice, Class Actions, Court Decisions, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , | Comments Off on Court Imposes Massive Penalty for Spoliation of Evidence

An Essex County Judge recently ordered sanctions amounting to almost $850,000 for spoliation of evidence. The underlying action, Salerno Medical Associates v. Shukla, involved allegations of stolen proprietary information with the intention to open a competing revenue cycle management company.  While the trial court judge ultimately did not find that the plaintiffs proved by a Read More

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Court Sends Board of Adjustment Back to Work on Inadequate Resolution

By | Published October 28, 2024 | Posted in Uncategorized | Tagged Tags: , , , | Comments Off on Court Sends Board of Adjustment Back to Work on Inadequate Resolution

A recent unreported Superior Court decision out of the Essex Vicinage shows that the way a Board of Adjustment writes their resolutions matters. In the case, Simmons v. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2170, the Plaintiffs brought an action challenging Newark’s Zoning Board of Adjustment’s grant of a use variance, bulk Read More

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Regardless Of Pro Se Status, Mere Speculation And Belief Is Insufficient To Defeat Summary Judgment, Appellate Division Reinforces

By | Published October 4, 2024 | Posted in Appellate Practice, Condominium Associations, Litigation | Tagged Tags: , , , , , , | Comments Off on Regardless Of Pro Se Status, Mere Speculation And Belief Is Insufficient To Defeat Summary Judgment, Appellate Division Reinforces

In Kovacs v. Wood Duck Pond Neighborhood Condo. Ass’n, Inc., the Appellate Division upheld the trial court’s finding that summary judgment was appropriate where the plaintiff failed to identify sufficient evidence to support his claims. 2024 N.J. Super. Unpub. LEXIS 2177 (September 18, 2014).  By way of background, Plaintiff owns a condominium unit located on Read More

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California Attorney General Sues ExxonMobil For Misleading Environmental Marketing

By | Published October 4, 2024 | Posted in Environmental & Natural Resources, Federal Environmental Law | Tagged Tags: , , , , , , , , , | Comments Off on California Attorney General Sues ExxonMobil For Misleading Environmental Marketing

On Monday, September 23, 2024, California Attorney General Rob Bonta, on behalf of the State of California, filed suit in the San Francisco County Superior Court against ExxonMobil alleging that the corporation’s deceptive statements about the recyclability of its’ products have led to a “plastic waste and pollution crisis.”  In the 147-page complaint, Bonta argues Read More

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Our Attorneys

In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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