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Toxic Tort & Injury Claims
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Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate Division held this month. In Maple Shade Equities, LLC v. New Jersey Dep’t of Transportation, Docket No. A-3709-19 (App. Div. Nov. 17, 2021), developer Maple Read More

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Landlords: Insurance companies now are denying many Mold Claims

Landlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there are the flooding concerns. With global warming many properties will be impacted over the next several decades. And commercial property owners have to worry Read More

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Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even fatal consequences to those exposed, as well as massive liability on the property owner. For this reason, lead paint was banned in 1978 and lead Read More

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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

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Inadmissible: Testifying Expert's Opinion Concerning Non-Testifying Expert

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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Oil Company Not Liable to Neighbor for Leaking Underground Tanks

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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The Importance of a Timely Notice of Claims Against Governmental Entities

In Tracey v. Borough of Essex Fells, a case recently decided by the New Jersey Appellate Division, the plaintiff was injured when an off-duty police car nearly struck him while jogging. At the time, Tracey did not believe he was injured, but he did file a police incident report. Two months later, Tracey sought treatment Read More

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Firm Places School District on Notice for Mold Contamination in Elementary Schools

On March 5, 2014, Lieberman Blecher & Sinkevich filed a notice of tort claim on behalf of Stacy Adelizzi, mother of Michael and Maximus Adelizzi, with the Middle Township school district. The family alleges that the elementary schools have been dealing with a mold contamination that has made both children ill. Michael has had to Read More

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January is Radon Awareness & Action Month

Radon is a colorless and odorless gas.  Radon is naturally occurring. It comes from the radioactive breakdown of uranium in soil, rock and water and enters both the outdoor and indoor air. Radon is found all over the United States, including in New Jersey, New York and Pennsylvania.  Radon can be measured through testing. Radon Read More

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NJ Appellate Division Addresses Spoliation of Evidence in Recent Decision

Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More

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Recent Blog Posts

Condo Liability In Snow Storms

by: Noah Botwinick The Superior Court of New Jersey’s Appellate Division recently overturned a grant of summary judgement to a defendant community association sued by a pedestrian who slipped on ice in a condominium
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Condo Liability In Snow Storms

Lieberman Blecher and Sinkevich Announces New Partner and New Associate

Lieberman Blecher & Sinkevich, PC is proud to announce the naming of Ms. Brittany W. DeBord, Esq. as a shareholder. Brittany joined the firm as an associate attorney in 2016,
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Lieberman Blecher and Sinkevich Announces New Partner and New Associate

Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

The Superior Court of New Jersey’s Appellate Division recently upheld a board decision to approve the settlement of an application for a conditional use variance and final site plan approval
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Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

PCBs and other chemicals found in Colonia high school

How is it that PCBs and other cancer causing compounds have been found in Colonia High School? Where is the outrage? Where is the speedy competent response? A mother of a
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PCBs and other chemicals found in Colonia high school

In The Media

  • 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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