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Category Archive
Litigation
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Federal District Court Confirms NJ SLAPP Law Applies in Federal Proceedings

By | Published May 20, 2025 | Posted in SLAPP Suits | Comments Off on Federal District Court Confirms NJ SLAPP Law Applies in Federal Proceedings

In a closely watched decision, the U.S. District Court for the District of New Jersey held that New Jersey’s anti-SLAPP law – the Uniform Public Expression Protection Act (UPEPA), codified at N.J.S.A. 2A:53A-49 – can be applied in federal court under certain circumstances. The case, Paucek v. Shaulis, involved defamation-adjacent claims based on online criticisms Read More

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Lieberman Blecher & Sinkevich Proudly Halts Huge Pinelands Residential Development on Environmental Grounds

By | Published January 6, 2025 | Posted in Environmental Justice, Environmental Litigation, Land Use, Litigation, Zoning | Tagged Tags: , , , , , , | Comments Off on Lieberman Blecher & Sinkevich Proudly Halts Huge Pinelands Residential Development on Environmental Grounds

On December 5, 2024, the Pemberton Township Planning Board voted 6-3 to reject an application for an 89-unit residential development, based on environmental concerns brought to the Board by the Pinelands Preservation Alliance, represented by Lieberman Blecher & Sinkevich. The potential developer proposed to place the large residential development at a site off Lakehurst Road Read More

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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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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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First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County

By | Published February 26, 2024 | Posted in SLAPP Suits | Tagged Tags: , , , , , , | Comments Off on First suit under recently enacted Uniform Public Expression Protection Act is underway in Bergen County

The matter Albert H. Wunsch, III, v. CTE Republicans for Englewood Cliffs, Mark Park, Zhi Liang, Rivka Biecagz, and Penny Rousouli, is currently in the Superior Court of Bergen County. The case concerns candidates in a local public election. Plaintiff instituted the action by way of an order to show cause after asserting that Defendants Read More

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SLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT

By | Published September 18, 2023 | Posted in SLAPP Suits | Tagged Tags: , , , , , , , , , | Comments Off on SLAPPING AWAY SLAPP SUITS: NEW JERSEY’S ANTI-SLAPP ACT

With the passing of the “Uniform Public Expression Protection Act” (S-2802/A-4393) this month, the New Jersey legislature has reaffirmed its dedication to preserving freedom of speech in the state. The Act is designed to protect people from Strategic Lawsuits Against Public Participation (“SLAPP”), which are meritless civil lawsuits filed by powerful entities and individuals solely Read More

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SLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION

By | Published July 18, 2023 | Posted in SLAPP Suits | Tagged Tags: , , , , | Comments Off on SLAPP BACK: NEW JERSEY PASSES ANTI-SLAPP LEGISLATION

This week, Governor Murphy signed into law Senate Bill S2802, known as the “Uniform Public Expression Protection Act,” (the “Act”) adding New Jersey to the list of over 30 states that have adopted Anti-SLAPP legislation. A “Strategic Lawsuit Against Public Participation” (“SLAPP lawsuit”) is a strategic maneuver wherein a civil suit is brought against an Read More

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New Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?

By | Published April 22, 2020 | Posted in Appeals, Commercial Real Estate, Community Associations, Condominium Associations, Homeowner Associations, Litigation | Comments Off on New Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?

For years many lawyers and property owners in New Jersey believed that the “ongoing storm rule” was applicable in this state.  Under that rule a commercial property owner had no duty to treat or remove snow or ice during a storm.  The duty arose after the storm ended at which time reasonable removal efforts had Read More

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Insurance Broker Loses Lawsuit in a Case Involving the “Named Storm Deductible”

By | Published April 15, 2020 | Posted in Appeals, Environmental Issues, Environmental Litigation, Insurance Recovery | Comments Off on Insurance 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

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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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