By smcgee | Published May 15, 2013 | Posted in Hazardous & Contaminated Site Remediation, Litigation, Permitting, Redevelopment, Toxic Tort & Injury Claims | Tagged Tags: Evidence, Tort Liability | Leave a comment
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Facing the Evidence: Spoliation and Social Media
Litigants, be wary! The casual and innocent acts of cleaning your home, disposing of old documents, or even deactivating your Facebook account may be the subject of a lawsuit against you. This is what occurred in Gatto v. United Air Lines, Inc. 10-cv-1090-ES-SCM, in which the plaintiff in a personal injury action deleted his Facebook Read More
Read MoreBillboards: A Constitutional Battleground
As Justice Byron White brought to our attention, “[e]ach method of communication has its own set of laws, and we deal here with the law of billboards.” This “law of billboards” seeks to resolve the confluence between the First Amendment and the billboard, a particularly unique means of expression–especially in our ever increasingly technical society Read More
Read MoreCondominium & Homeowners Associations and the Disgruntled Homeowner
In June of this year, the Appellate Court of Illinois issued an opinion that provided a novel take on the conditional nature of condominium common expense assessments. Condominiums throughout the country are often incorporated and governed by a board that oversees the care, maintenance, and management of commonly owned property. An example of such commonly Read More
Read MoreUpdate: Greenhouse Gas Cap-and-Trade in New Jersey
The “cap-and-trade” emissions reduction concept is still a relatively recent phenomenon; one that uses free markets to help further the goal of environmental protection. In short, cap-and-trade limits the amount of air emissions that a facility can discharge into the atmosphere. When a facility emits less than its capped amount, it retains “credits” that can Read More
Read MorePossible Changes to NJ Class Action Procedure
On May 21, 2012, the New Jersey Assembly Judiciary Committee voted 6-0 in favor of A-894, which would establish a right to an immediate interlocutory appeal from class certification determinations in class action lawsuits. A class action is a legal mechanism that enables people allegedly harmed by a common act or omission to join with Read More
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