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Category Archive
Litigation
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Third Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal

By | Published October 22, 2013 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, Legislation and Rulemaking, Litigation | Tagged Tags: , , , , , | Leave a comment

On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More

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NJ Supreme Court Case Alters Insurance Coverage Allocations in Environmental Claims

By | Published October 18, 2013 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Insurance Recovery, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , , , | Leave a comment

On September 24, 2013, the New Jersey Supreme Court handed down an important insurance case in Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, ____ N.J. ____ (2013) that could change the way that insurance coverage is allocated for environmental claims when dealing with an insolvent insurance carrier. In Read More

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Supreme Court Rules Victory Under CFA Does Not Guarantee Award of Attorney Fees

By | Published September 30, 2013 | Posted in Litigation | Tagged Tags: , , | Leave a comment

The New Jersey Supreme Court recently ruled in Perez v. Professionally Green, LLC, et al. that a prevailing Plaintiff is not entitled to receive an award of attorney fees under the Consumer Fraud Act (CFA) if they cannot prove an ascertainable loss relating to the violation. It was a decision that slightly weakened New Jersey’s Read More

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L&B Helps Nonprofit Resolve Stormwater Management Violations

By | Published September 16, 2013 | Posted in Environmental Litigation, Litigation | Tagged Tags: , , | Leave a comment

Save Hamilton Open Space, a nonprofit organization dedicated to preserving undeveloped land in Hamilton, New Jersey, filed a lawsuit against the township last month. The organization is suing the township over a years-long violation of the Stormwater Management Act occurring in a residential sub-development known as Christopher Estates. The Estates were developed using a poorly Read More

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L&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights

By | Published September 16, 2013 | Posted in Administrative Law, Constitutional Law, Lakes & Rivers, New Jersey Department of Environmental Protection (NJDEP), Permitting, Waterfront Property | Tagged Tags: , , , | Leave a comment

Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013. The proposed drawdown would Read More

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Court Rules that Unfiled Discovery Documents are Exempt from OPRA

By | Published May 28, 2013 | Posted in Litigation | Tagged Tags: , | Leave a comment

A New Jersey Court recently ruled in Drinker Biddle & Reath LLP v. New Jersey Department of Law and Public Safety, Division of Law No. L-63-09, N.J. Super., Mercer Co., that unfiled discovery documents are exempted from disclosure under the Open Public Records Act (OPRA). The law firm of Drinker, Biddle & Reath LLP pursued Read More

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Facing the Evidence: Spoliation and Social Media

By | Published May 15, 2013 | Posted in Hazardous & Contaminated Site Remediation, Litigation, Permitting, Redevelopment, Toxic Tort & Injury Claims | Tagged Tags: , | Leave a comment

Litigants, be wary! The casual and innocent acts of cleaning your home, disposing of old documents, or even deactivating your Facebook account may be the subject of a lawsuit against you. This is what occurred in Gatto v. United Air Lines, Inc. 10-cv-1090-ES-SCM, in which the plaintiff in a personal injury action deleted his Facebook Read More

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State Assembly Passes Bill that Strips Some Government Agency Heads of Veto Power

By | Published May 7, 2013 | Posted in Administrative Law, Legislation and Rulemaking, Proposed Legislation | Tagged Tags: , , , | Leave a comment

On April 29, 2013, the New Jersey State Assembly overwhelmingly passed a bill that will have far reaching impacts on administrative law in New Jersey. The bill known as A-1521 would effectively strip certain agency heads of their current veto powers over the decisions of administrative law judges in contested state agency decisions. The bill Read More

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Lieberman & Blecher Paves the Way with 1st Victory for the City of Vineland!

By | Published April 29, 2013 | Posted in Development, Environmental Issues, Firm News, Hazardous & Contaminated Site Remediation, Industries, Litigation, Permitting, Waste Management | Tagged Tags: , , , , , | Leave a comment

Lieberman Blecher & Sinkevich was hired as special environmental counsel by the City of Vineland concerning the former Pure Earth Recycling facility previously located within the City. Pure Earth was engaged in recycling activities that involved processing contaminated soils, waste oil, and other materials on the property. Pure Earth abruptly ceased operations in 2011 due Read More

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Appellate Division ruling holds that juries, not judges, are to decide public entity's tort liability

By | Published April 23, 2013 | Posted in Legislation and Rulemaking, Litigation | Tagged Tags: , | Leave a comment

The New Jersey Appellate Division recently held in Henebema v. South Jersey Transportation Authority, A-3723-10 that when establishing tort liability a jury, not a judge, should be the one to decide whether a public entity’s acts are ministerial or discretionary in nature. This crucial distinction determines whether the public entity is subject to the ordinary-negligence 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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