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Court Rules in Favor of Community Association Business Judgment Rule

By | Published February 24, 2014 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Tagged Tags: , , , | Leave a comment

The New Jersey Appellate Division recently addressed a community association case, Apple Ridge Condominium Association v. Rodgers, in which a unit owner alleged that the Association caused him to be rejected for a reverse mortgage on his condominium by engaging in bad faith through its involvement in a lawsuit with a group of fee simple Read More

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D.N.J.: CERCLA Cleanup Costs Not Subject to the Automatic Stay Provision of the US Bankruptcy Code

By | Published February 21, 2014 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: , , , , , , | Leave a comment

Following a previous Third Circuit decision, the United States District Court for the District of New Jersey recently confirmed that corporations cannot stay in personam claims for environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” also known as “Superfund”) by declaring bankruptcy. In U.S. v. Alsol Corp., 2014 U.S. Dist. Read More

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Condo Association Not Liable for Icy Sidewalk Fall

By | Published February 14, 2014 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Tagged Tags: , , , , | Leave a comment

Icy Sidewalks Find an Audience with the Appellate Division Winter is in full effect. With sidewalks covered in snow, falls on ice are occurring throughout the state. Community associations concerned about their liability regarding these falls can refer to the recent Appellate Division decision in Cuiyun Qian v. Toll Bros. The plaintiff resided with her Read More

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EPA May Add Contaminated New Jersey & New York Sites to Superfund List

By | Published January 30, 2014 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: , , , , , , , , , , | Leave a comment

On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York.  The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More

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January is Radon Awareness & Action Month

By | Published January 27, 2014 | Posted in Class Actions, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP), Toxic Tort & Injury Claims | Tagged Tags: , , , , , , , | Leave a comment

Radon is a colorless and odorless gas.  Radon is naturally occurring. It comes from the radioactive breakdown of uranium in soil, rock and water and enters both the outdoor and indoor air. Radon is found all over the United States, including in New Jersey, New York and Pennsylvania.  Radon can be measured through testing. Radon Read More

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NJ Appellate Division Addresses Spoliation of Evidence in Recent Decision

By | Published January 24, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Insurance Recovery, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , | Leave a comment

Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More

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NJDEP May Extend Statutory Deadlines For Contaminated Site Cleanup Investigation

By | Published January 23, 2014 | Posted in Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Legislation and Rulemaking, Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), Site Remediation Reform Act | Tagged Tags: , , , , , , , , | Leave a comment

Under New Jersey’s 2009 Site Remediation Reform Act (SRRA), parties that have been remediating sites since May 1999 (or before), are required to complete the remedial investigation (RI) phase of the site cleanup by May 7, 2014. Failing to complete the investigation by the May 2014 deadline would permit the NJDEP to take direct oversight Read More

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Firm Files Civil Suit Against Gas & Energy Company On Behalf of Edison Residents with Contaminated Property

By | Published January 17, 2014 | Posted in Firm News, Hazardous & Contaminated Site Remediation, Industrial Runoff, Industries, Litigation, Pesticide, Toxic Tort & Injury Claims | Tagged Tags: , , , | Leave a comment

Edison residents sue Chevron for alleged contaminationBy Jack Murtha General Media Newspapers (January 17, 2014) EDISON — Several residents have filed a civil lawsuit against Chevron Corp. for damages that allegedly stemmed from the company’s discharge of hazardous materials, which are said to have contaminated several properties off New York Boulevard. “This case is not Read More

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New Standards for Phase I Environmental Site Assessments

By | Published December 23, 2013 | Posted in Environmental Issues, Legislation and Rulemaking | Tagged Tags: , , , , , | Leave a comment

On November 6, 2013, the American Society for Testing and Materials (“ASTM”) published new standards for Phase I Environmental Site Assessments (“ESA”). Phase I ESAs are conducted to assess the environmental condition of commercial real estate for potential buyers. The ASTM’s E1527-05 standard has been approved by the Environmental Protection Agency (“EPA”) to satisfy the Read More

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Underground Storage Tanks: What You Need to Know

By | Published December 16, 2013 | Posted in Hazardous & Contaminated Site Remediation, Underground Storage Tanks | Tagged Tags: , , , , , | Leave a comment

As an environmental lawyer, leaking underground storage tanks (USTs) are not by any means a new phenomenon to me. But if you’re a homeowner, or potential homeowner, having issues with an UST, the odds are that it will be the first time that you’ve encountered them and you might be overwhelmed by what it entails. 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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