By Brittany W. DeBord | Published September 14, 2020 | Posted in Consumer Fraud, Environmental Issues, Products Liability, Toxic Tort & Injury Claims | Comments Off on New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers
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Category Archive
Environmental Issues
New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers
Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as one example. However, what if the chemicals in that product were harmful? What if the product does not disinfect as advertised? The consequences could be Read More
Read MoreInsurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”
Perhaps you are not familiar with the Named Stormed Deductible in insurance policies for commercial operations. If so it might be a good time to visit this issue. The broker in a lawsuit called Wakefern Foods v BWD Group, LLC probably wishes it had a better grasp of this policy provision before it sold an Read More
Read MoreTerranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act
On January 4, 2019, the New Jersey Appellate Division handed down a decision in Terranova vs. General Electric Pension Trust, Docket No. A-5699-16T3 (hereinafter, “Terranova”). In Terranova, The New Jersey Appellate Division reviewed the Trial Court’s grant of Summary Judgment in favor of Defendants. This suit arises out of a claim under the New Jersey Read More
Read MoreNJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring property. The syllabus and opinion for this case, Cherokee LCP Land, LLC v. Read More
Read MoreThe Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose
On August 1, 2018, the Superior Court of New Jersey, Appellate Division ruled in favor of plaintiff in the matter captioned Joseph S. D’Elia v. Joyce Campisi and Liberty Mutual Mid-Atlantic Insurance Company, Docket No.: A-4426-16T3, where defendant sought an appeal from a trial court bench decision where she was held liable for damage to Read More
Read MoreUnited States Supreme Court Tackles Key Clean Water Act Judicial Review Issue
National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters of the United States” has been a struggle for the EPA and the US Army Corps of Engineers to define and apply. Read More
Read MoreAppellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements
Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues. This practice is widespread in New Jersey and it permits properties that may have environmental issues to go to closing without first accomplishing a cleanup. This practice is good for the buyer, good for the Read More
Read MoreNJDEP Updates Soil Remediation Standards for 19 Contaminants
Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey. The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for nineteen contaminants based on the United States Environmental Protection Agency’s revisions to carcinogenic slope factor and non-carcinogenic reference dose data in its Integrated Risk Information Read More
Read MoreFurther Action Required Despite Issue of No Further Action Letters
Further Action Required Despite Issue of No Further Action Letters In Drytech, Inc. v. State of New Jersey, the plaintiff manufacturer of desiccants appealed a Chancery Division order dismissing its complaint against the New Jersey Department of Environmental Protection (“NJDEP”), in which it sought a declaration that it did not have to comply with the Read More
Read MoreLaches to defeat a private party contribution claim under the Spill Act?
In 2015, the New Jersey Supreme Court ruled that private party contribution claims under the New Jersey Spill Compensation and Control Act (the “Spill Act”) are not time barred by a statute of limitations. See Morristown Associates v. Grant Oil Co., 220 N.J. 360 (2015). Accordingly, private claims for contribution pursuant to the Spill Act Read More
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