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Appellate Division Affirms Franklin Township Ban on Digital Billboards

By | Published October 21, 2014 | Posted in Development, Land Use, Permitting | Tagged Tags: , , | Leave a comment

The New Jersey Appellate Division recently upheld a decision by Franklin Township, New Jersey to ban digital billboards along a stretch of Interstate 287, while allowing static billboards to be implemented. The Appellate Division determined that no violation of the First Amendment took place as part of the ban, with Judge Marianne Espinosa stating that Read More

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Oil Company Not Liable to Neighbor for Leaking Underground Tanks

By | Published October 8, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, Toxic Tort & Injury Claims, Underground Storage Tanks | Tagged Tags: , , , , , , , , , , , | 1 Comment

Oil Company Not Liable to Neighbor for Leaking Underground Tanks Gasoline Station Owner Not Liable for Damage to Neighbor Who Did Not Properly Allege Harm A property owner whose investment property was contaminated by a leaking gasoline station next door had his property damage case dismissed because he failed to completely allege all of his Read More

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NJ Supreme Court: Experts Must Opine As to Objective Standards of Care

By | Published September 16, 2014 | Posted in Appeals, Litigation | Tagged Tags: , , , , | Leave a comment

NJ High Court Bars Expert Testimony as Net Opinion Where Expert Does Not Reference an Objective Standard of Care In cases involving allegations of negligence, the injured party has to prove that the person or entity being sued failed to act reasonably, causing harm to the victim. In those cases, the injured person must show that Read More

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NJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6

By | Published September 15, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: , , , , , , | Leave a comment

NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More

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Appellate Division Limits Scope of Waiver Provision in Gym Membership

By | Published September 4, 2014 | Posted in Appeals, Litigation | Tagged Tags: , , , | Leave a comment

The New Jersey Appellate Division recently held that an exculpatory clause within a fitness club’s membership agreement does not operate to absolve the club of all liability for personal injury on its premises. The case, Walters v. YMCA, 2014 N.J. Super. LEXIS 117 (App. Div. Aug. 11, 2014), was brought by a member of the Read More

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Recent N.J. Court Decisions Examine the Applicability of OPRA

By | Published August 21, 2014 | Posted in Litigation | Tagged Tags: , , , , , | Leave a comment

In two recent New Jersey court opinions, important questions as to the scope and application of the New Jersey Open Public Record Act (“OPRA”) were decided. The first, Kennedy v. Montclair Center Corporation Business Improvement District, 2014 N.J. Super. Unpub. LEXIS 1654 (App. Div. Jun. 24, 2014), clarifies that OPRA applies to corporations formed to Read More

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City of Vineland Determined to Learn Truth of Potential Contamination at Public Park

By | Published August 20, 2014 | Posted in Environmental Issues, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: , , , , | Leave a comment

The City of Vineland is seeking to get to the bottom of the severity of the potential contamination of heavy metals in and around the Burnt Mill Pond. It is evident that a contamination from an upstream Superfund site in Newfield has been affecting the pond downstream. The Federal Environmental Protection Agency (EPA) has declined Read More

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NJ Supreme Court: Environmental Litigation Over Cleanup Cost Allocation May Proceed

By | Published July 28, 2014 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation | Tagged Tags: , , , | Leave a comment

 Sets New Environmental Law Precedent New Jersey’s highest court has ruled that in private contribution claims arising under the Spill Act, “a party determined to be a discharger and held responsible for the cost of cleanup by the DEP is entitled to bring a contribution claim against other potentially responsible parties before the final tally Read More

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U.S. District Court Allows NJ Superfund Site Suit to Proceed

By | Published July 22, 2014 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation | Tagged Tags: , , | Leave a comment

Earlier this month, U.S. District Court Judge Michael Shipp ruled that lead smelting company NL Industries (formerly National Lead) may maintain an action against over two dozen defendants for contribution relating to the clean-up of the Raritan Bay Slag Superfund site. The site in question includes the Laurence Harbor seawall adjacent to Waterfront Park in Read More

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NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding

By | Published June 23, 2014 | Posted in Appeals, Coastal & Waterfront Development, Condemnation, Wetlands | Tagged Tags: , , , , , | Leave a comment

After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or 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.

    Read More
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