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Court Imposes Massive Penalty for Spoliation of Evidence

By | Published January 6, 2025 | Posted in Appellate Practice, Class Actions, Court Decisions, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , | Comments Off on Court Imposes Massive Penalty for Spoliation of Evidence

An Essex County Judge recently ordered sanctions amounting to almost $850,000 for spoliation of evidence. The underlying action, Salerno Medical Associates v. Shukla, involved allegations of stolen proprietary information with the intention to open a competing revenue cycle management company.  While the trial court judge ultimately did not find that the plaintiffs proved by a Read More

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Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

By | Published January 2, 2025 | Posted in Appellate Practice, Governmental Tort Immunity, Land Use, Litigation, Real Estate, Zoning | Tagged Tags: , , , , , , | Comments Off on Appellate Division Remands Zoning Board Resolution for Lack of Factual Findings and Analysis

A recent unreported Appellate Division decision emphasizes the detail required in zoning board resolutions.   In that case, American Outdoor Adver., LLC v. Edison Twp. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2977, the Edison Township Zoning Board denied a billboard company’s application for preliminary and final site plan approvals and conditional use and Read More

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Redevelopment versus Remediation: Which Goes First?

By | Published December 2, 2024 | Posted in Commercial Real Estate, Land Use, Real Estate, Site Remediation | Tagged Tags: , , , , | Comments Off on Redevelopment versus Remediation: Which Goes First?

In a recent unreported Appellate Division decision, Beazer E., Inc. v. Morris Kearny Assoc. Urban Renewal, LLC, the court addressed a dispute over a plaintiff’s right to access a defendant’s property to install groundwater-monitoring wells under the New Jersey Access Statute. The case provides insights into the balance between site remediation and commercial redevelopment. The Read More

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Court Sends Board of Adjustment Back to Work on Inadequate Resolution

By | Published October 28, 2024 | Posted in Uncategorized | Tagged Tags: , , , | Comments Off on Court Sends Board of Adjustment Back to Work on Inadequate Resolution

A recent unreported Superior Court decision out of the Essex Vicinage shows that the way a Board of Adjustment writes their resolutions matters. In the case, Simmons v. Zoning Bd. of Adjustment, 2024 N.J. Super. Unpub. LEXIS 2170, the Plaintiffs brought an action challenging Newark’s Zoning Board of Adjustment’s grant of a use variance, bulk Read More

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Neighbors Flooding Out Neighbors

By | Published October 28, 2024 | Posted in Climate Change | Tagged Tags: , , , , , | Comments Off on Neighbors Flooding Out Neighbors

In a recent LawlineCLE online course, Stuart Lieberman delivered a lecture entitled “Neighbors Flooding Out Neighbors” to approximately 150 attendees. Lieberman is a founding member of the firm Lieberman, Blecher, & Sinkevich, and has been practicing environmental and land use law for over 30 years. The lecture primarily focused on the recent increase in claims Read More

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Regardless Of Pro Se Status, Mere Speculation And Belief Is Insufficient To Defeat Summary Judgment, Appellate Division Reinforces

By | Published October 4, 2024 | Posted in Appellate Practice, Condominium Associations, Litigation | Tagged Tags: , , , , , , | Comments Off on Regardless Of Pro Se Status, Mere Speculation And Belief Is Insufficient To Defeat Summary Judgment, Appellate Division Reinforces

In Kovacs v. Wood Duck Pond Neighborhood Condo. Ass’n, Inc., the Appellate Division upheld the trial court’s finding that summary judgment was appropriate where the plaintiff failed to identify sufficient evidence to support his claims. 2024 N.J. Super. Unpub. LEXIS 2177 (September 18, 2014).  By way of background, Plaintiff owns a condominium unit located on Read More

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California Attorney General Sues ExxonMobil For Misleading Environmental Marketing

By | Published October 4, 2024 | Posted in Environmental & Natural Resources, Federal Environmental Law | Tagged Tags: , , , , , , , , , | Comments Off on California Attorney General Sues ExxonMobil For Misleading Environmental Marketing

On Monday, September 23, 2024, California Attorney General Rob Bonta, on behalf of the State of California, filed suit in the San Francisco County Superior Court against ExxonMobil alleging that the corporation’s deceptive statements about the recyclability of its’ products have led to a “plastic waste and pollution crisis.”  In the 147-page complaint, Bonta argues Read More

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ARBITRATION CLAUSE UNENFORCEABLE DUE TO LACK OF CLARITY, APPELLATE DIVISION FINDS

By | Published June 21, 2024 | Posted in Arbitration Clause, Uncategorized | Tagged Tags: , , , , , | Comments Off on ARBITRATION CLAUSE UNENFORCEABLE DUE TO LACK OF CLARITY, APPELLATE DIVISION FINDS

A recent unreported Appellate Division decision highlights the importance of clarity in drafting binding arbitration clauses. In that case, Vill. Courtyard Condo. Ass’n, Inc. v. 68-72 Franklin Place, LLC, 2024 N.J. Super. Unpub. LEXIS 1184, the bylaws of a residential development contained the following arbitration clause: “In the event of internal disputes arising from the Read More

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Court pierced the corporate veil & orders civil penalty in Newark Spill Act case

By | Published April 30, 2024 | Posted in Superior Court | Tagged Tags: , , , , | Comments Off on Court pierced the corporate veil & orders civil penalty in Newark Spill Act case

In NJDEP v. Little Mason Properties, LLC, Irfan Hassan, et. al., the court held that the defendants were jointly and severally liable for all cleanup, removal, and related costs required to remediate the discharge of hazardous substances at a Property in Newark, NJ, as well as wherever the contamination has migrated therefrom. Additionally, the order Read More

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LBS in the News: The Fight Against More Monmouth County Warehouses Continues

By | Published April 26, 2024 | Posted in Uncategorized | Tagged Tags: , , , | Comments Off on LBS in the News: The Fight Against More Monmouth County Warehouses Continues

As noted in this MidJersey.News article,  Lieberman Blecher & Sinkevich attorneys have been recruited by the Borough of Allentown in opposition to proposed warehouses, which would be located on Old York Road in neighboring municipalities. The idyllic rural landscape is also rich with Revolutionary War history, as described in another article from NJ Spotlight News. 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.

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