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Category Archive
Litigation
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Inadmissible: Testifying Expert's Opinion Concerning Non-Testifying Expert

By | Published March 26, 2015 | Posted in Environmental Litigation, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , , , , | Leave a comment

An attorney cross-examining an expert witness during trial already faces a challenging task.  That task may just have become a bit harder in the State of New Jersey.  On March 25, 2015, the Appellate Division released its opinion in James v. Ruiz, ___ N.J. Super. ___ (App. Div. 2015), Docket No. A-36-2-6251, shedding light on 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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Court Orders Production of Documents to Open Government Activist

By | Published November 10, 2014 | Posted in Litigation | Tagged Tags: , , , , , , , , , | Leave a comment

Open Government Activist Seeks New Jersey Government Records In another action brought by John Paff, a “self-proclaimed open government activist” who has pursued litigation to secure government documents pursuant to the Open Public Record Acts (“OPRA”) in several instances, a Superior Court judge held that Paff was entitled to the documents he sought as well 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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Appellate Division Limits Scope of Waiver Provision in Gym Membership

By | Published September 4, 2014 | Posted in Appeals, Litigation | Tagged Tags: , , , | Leave a comment

The New Jersey Appellate Division recently held that an exculpatory clause within a fitness club’s membership agreement does not operate to absolve the club of all liability for personal injury on its premises. The case, Walters v. YMCA, 2014 N.J. Super. LEXIS 117 (App. Div. Aug. 11, 2014), was brought by a member of the Read More

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Recent N.J. Court Decisions Examine the Applicability of OPRA

By | Published August 21, 2014 | Posted in Litigation | Tagged Tags: , , , , , | Leave a comment

In two recent New Jersey court opinions, important questions as to the scope and application of the New Jersey Open Public Record Act (“OPRA”) were decided. The first, Kennedy v. Montclair Center Corporation Business Improvement District, 2014 N.J. Super. Unpub. LEXIS 1654 (App. Div. Jun. 24, 2014), clarifies that OPRA applies to corporations formed to Read More

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NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding

By | Published June 23, 2014 | Posted in Appeals, Coastal & Waterfront Development, Condemnation, Wetlands | Tagged Tags: , , , , , | Leave a comment

After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or 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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