By Stuart Lieberman | Published June 15, 2020 | Posted in Federal Court Litigation, Sovereign Immunity | Comments Off on Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor
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Stuart Lieberman
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⟩ Federal 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
Read MorePublished Reports Claims EPA is Hiding True Lead Levels in Drinking Water
APM Reports (from American Public Media) has just released a report on May 4, 2020 that raises some critical questions not only about the quality of the water we are drinking, but the honesty of EPA’s testing program. In a nutshell, they assert that the water industry has prevailed in its attempts to make the Read More
Read MoreToxic Mercury in Gym Flooring Used by Our Children
We have a giant mercury exposure problem in our New Jersey schools. Rubberized flooring found in school gyms cracks over time. And some, not all of the flooring products have been determined to emit mercury when the cracks form. The cracks become a pathway for the mercury to be released into the environment so that Read More
Read MoreCOVID -19 and New Jersey Real Estate Transactions
The real estate industry relies on person to person activity. Real estate sales people meet their clients in person. They show them real estate in person. They hold open houses in person. And then they usually conduct closings in person. Of course this industry has been greatly impacted by COVID-19 and business cannot be conducted Read More
Read MoreFederal and State Agencies’ Enforcement Responses to the COVID-19 Pandemic
COVID-19 has undoubtedly shocked society and has currently brought life as most Americans know it to a screeching halt. What many Americans fear is that during these trying times, their obligations, whether it be financial or statutorily required, will continue to exist despite non-essential businesses being ordered to close and many people losing their jobs Read More
Read MoreHomeowner Associations Must Enforce Social Distancing Rules
We have seen some community association managers take the position that compliance with government ordered social distancing and stay at home orders are government problems, not community association issues. Lieberman Blecher & Sinkevich sees this in a different light. We believe that community associations cannot ignore these highly unusual public obligations. Community Associations Must Stop Read More
Read MoreFive Tips for Tenants with Coronavirus Financial Hardship
The shutdown of our economy has crippled many companies in New Jersey. Tenants who are operating businesses that have been negatively impacted need help if they will be able to continue now and after the stay-at-home orders are lifted. Even businesses who receive government assistance may very well need financial help to remain viable. Many Read More
Read MoreNew Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?
For years many lawyers and property owners in New Jersey believed that the “ongoing storm rule” was applicable in this state. Under that rule a commercial property owner had no duty to treat or remove snow or ice during a storm. The duty arose after the storm ended at which time reasonable removal efforts had Read More
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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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Should the Association Pool be Reopened During COVID-19?
By C. Michael Gan / June 29, 2020
As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor
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Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor
By Stuart Lieberman / June 15, 2020
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
Read More
Supreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts
By Brittany W. DeBord / June 9, 2020
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
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