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Category Archive
Appeals
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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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NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval

By | Published August 13, 2018 | Posted in Appeals, Environmental Issues, Land Use, Planning, Zoning | Comments Off on NJ 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

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The 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

By | Published August 13, 2018 | Posted in Appeals, Environmental Issues, Litigation | Comments Off on The 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

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Administrative Remedies Must Be Exhausted Before Inverse Condemnation Lawsuit

By | Published March 30, 2015 | Posted in Appeals, Condemnation, Development, Land Use, Litigation, Pinelands, Planning, Zoning | Tagged Tags: , , , , , , | Leave a comment

The Supreme Court in Griepenburg v. Ocean Township, 220 N.J. 239 (2015), considered the circumstances under which municipal zoning ordinances represent a legitimate exercise of a municipality’s power to zone property consistent with its Master Plan and the Municipal Land Use Law (“MLUL”) goals.  In the late 1990s, Ocean Township, which is bordered by the Read More

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No Time Limit to Sue for Environmental Cleanup Costs in New Jersey

By | Published January 26, 2015 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Litigation, Site Remediation Reform Act | Tagged Tags: , , , , , , , , , , , | Leave a comment

No Statute of Limitations Applies to Private Spill Act Claims The regulated community breathed a collective sigh of relief when New Jersey’s highest court released its decision today in Morristown Associates v. Grant Oil Co., — NJ — (2015), where it held that the state’s general six-year statute of limitations is not applicable to private “contribution” lawsuits Read More

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NJDEP Overreached in Seizing "Rotten Egg" Smelling Fenimore Landfill

By | Published November 14, 2014 | Posted in Appeals, Constitutional Law, Environmental Litigation, Industrial Facilities, Landfills, Litigation, New Jersey Department of Environmental Protection (NJDEP), Waste Management | Tagged Tags: , , , , , , , , , , , | Leave a comment

Appeals Court Overturns NJDEP Seizure of Fenimore Landfill The Appellate Division of the New Jersey Superior Court concluded that the Fenimore Landfill, owned and operated by Strategic Environmental Partners LLC (SEP), should not have been closed and seized by the New Jersey Department of Environmental Protection (NJDEP) just thirty minutes after a new law was passed Read More

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Oil Company Not Liable to Neighbor for Leaking Underground Tanks

By | Published October 8, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, Toxic Tort & Injury Claims, Underground Storage Tanks | Tagged Tags: , , , , , , , , , , , | 1 Comment

Oil Company Not Liable to Neighbor for Leaking Underground Tanks Gasoline Station Owner Not Liable for Damage to Neighbor Who Did Not Properly Allege Harm A property owner whose investment property was contaminated by a leaking gasoline station next door had his property damage case dismissed because he failed to completely allege all of his Read More

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NJ Supreme Court: Experts Must Opine As to Objective Standards of Care

By | Published September 16, 2014 | Posted in Appeals, Litigation | Tagged Tags: , , , , | Leave a comment

NJ High Court Bars Expert Testimony as Net Opinion Where Expert Does Not Reference an Objective Standard of Care In cases involving allegations of negligence, the injured party has to prove that the person or entity being sued failed to act reasonably, causing harm to the victim. In those cases, the injured person must show that Read More

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NJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6

By | Published September 15, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: , , , , , , | Leave a comment

NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute 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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