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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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Law Division Rules that “Metadata” Subject to OPRA Requests

By | Published June 18, 2014 | Posted in Litigation | Tagged Tags: , , | Leave a comment

A New Jersey Law Division judge recently held that public entities are required to turn over “metadata” related to internal e-mail communications when that information is sought via an Open Public Records Act (OPRA) request. In Paff v. Galloway Township, docket no. ATL-L-5428-13, the plaintiff, Paff, filed an OPRA request pursuant to N.J.S.A. 47:1A-1, et Read More

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Appellate Division Upholds NJDEP’s Decision Rejecting Sewerage Authority’s Phosphorus Limitation Plans

By | Published May 23, 2014 | Posted in Administrative Law, Environmental & Natural Resources, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , | Leave a comment

The New Jersey Appellate Division recently held that the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) properly rejected the findings of an administrative law judge (ALJ) which would have allowed several northern New Jersey sewerage authorities to implement “as needed” treatment programs to limit the phosphorus content of water discharged into state Read More

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Law Division Dismisses Complaint Regarding Planning Board Jurisdiction in Commercial Development

By | Published May 20, 2014 | Posted in Community Associations, Development, Homeowner Associations | Tagged Tags: , , , , , | Leave a comment

The New Jersey Law Division dismissed in March 2014 the complaint of Pavilion Homeowners Assn. v. Brick Twp. Planning Board, Law Div. (Ocean County) (Grasso, A.J.S.C.) (10 pp.), regarding a proposal to construct a Roy Rogers restaurant in the Township. The Court was faced with deciding whether or not the defendant’s notice to nearby owners Read More

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Appellate Division Takes Victory in Wetlands Takings Case from the State

By | Published April 23, 2014 | Posted in Development, Environmental Litigation, Land Use, New Jersey Department of Environmental Protection (NJDEP), Redevelopment, Wetlands | Tagged Tags: , , , | Leave a comment

A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state 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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