By Stuart Lieberman | Published March 29, 2021 | Posted in Landlord/Tenant | Tagged Tags: Attorney fee award against law firm, Atttorney fee awards, Entire controversy doctrine as a defense, Landlord tenant collections, Penalty award against law firm, Unfair collections practices | Comments Off on Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case
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Stuart Lieberman
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⟩ Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case
Law firms hired by landlords in collection actions against tenants can be liable to pay the tenant both statutory penalties and attorneys fees if they use improper collection practices. That’s the ruling in an appeals court decision in the case of Kelly Williams v. Gluck & Tobin Esquires and Irving Tobin, which upheld an attorneys Read More
Read MoreNew Jersey has ambitious goals for emission reductions
New Jersey’s Global Warming Response Act (“GWRA”) calls for New Jersey to decrease its greenhouse gas emissions by 80% from their 2006 levels by 2050. In January 2020, Governor Murphy presented New Jersey’s latest Energy Master Plan (“EMP”) as the roadmap to achieving this goal. The EMP outlines seven strategies the state will use in Read More
Read MoreSan Diego Receives Federal Funding to Fight Mexican Sewage
San Diego has just received substantial federal funding from the EPA to address a chronic problem: raw sewage coming from Tijuana Mexico. That sewage has been migrating over the border for many years, wreaking havoc on various Southern California beach communities. The American beaches were often subjected to raw sewage that smelled badly. For many Read More
Read MoreLawsuit filed over Florida’s wetlands delegation
Several environment organizations have filed suit challenging the EPA’s relinquishment of control over wetlands in Florida. Many have criticized the manner in which Florida has historically regulated wetlands alleging that the regulation has been shotty resulting in the destruction of many protected wetlands. Control was relinquished by the federal government during the last month of Read More
Read MorePolluted drinking water case settled in Newark, NJ
Yesterday a federal District Court Judge signed an Order ending a lawsuit against the City of Newark relating to lead in its drinking water. The lawsuit had been filed by the Natural Resources Defense Council and the Newark Education Workers Caucus, alleging violations of the Safe Drinking Water Act for allowing Newark residents and workers Read More
Read MoreNJDEP files Additional Natural Resource Damages claims
The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought by DEP. Rather in NRD cases, the relief sought includes compensation for injury to or loss of a particular natural resource. This might relate to Read More
Read MoreLandlords: Insurance companies now are denying many Mold Claims
Landlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there are the flooding concerns. With global warming many properties will be impacted over the next several decades. And commercial property owners have to worry Read More
Read MoreFederal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor
Federal caselaw has long made it clear that states may not be sued in federal court unless they have consented to such suit or unless Congress has narrowly subjected a state to such suit through legislation. Otherwise, federal courts lack subject matter jurisdiction over lawsuits brought against the various states. This immunity afforded the states Read More
Read MoreNew Jersey Noise Complaints: Options for the Impacted Homeowner
New Jersey is a densely developed state. It is a comparatively small state, but a lot of people live in it. And because so many people live in such close proximity with one another, noise complaints are inevitable and commonplace. The first question involving a noise complaint is this: Is this truly a noise violation, Read More
Read MoreOur Drinking Water and Water Bodies Prevailed in The Maui decision
When most of us think of Maui, we envision great weather, lush vegetation, tiki bars and beaches. The very last thing that comes to mind are sewer plants and the risks they represent if they are not regulated. But the US Supreme Court’s recent and reasoned decision in County of Hawaii v Hawaii Wildlife Fund Read More
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Environmental remediation timeframes extended again in February 2021 due to COVID-19
By Carolyn Griffin / March 29, 2021
Throughout the COVID-19 public health emergency, keeping up with deadlines and time frames has been a difficult task for many. The State of New Jersey as well as the New
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New Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose
By Michael Camastra / March 29, 2021
The COVID pandemic began in March of 2020 and placed many individuals, businesses and mortgage lenders in circumstances which seemingly only ever existed in their wildest dreams. Among those impacted
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Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.
By Carolyn Griffin / March 29, 2021
At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the
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Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case
By Stuart Lieberman / March 29, 2021
Law firms hired by landlords in collection actions against tenants can be liable to pay the tenant both statutory penalties and attorneys fees if they use improper collection practices. That’s
Read More
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