By Stuart Lieberman | Published April 23, 2013 | Posted in Legislation and Rulemaking, Litigation | Tagged Tags: Appellate Advocacy, Tort Liability | Leave a comment
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Appellate Advocacy
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Appellate Division ruling holds that juries, not judges, are to decide public entity's tort liability
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
Read MoreEnvironmental Litigator Michael Sinkevich Becomes Shareholder at Lieberman & Blecher
Lieberman Blecher & Sinkevich P.C. is delighted to announce that attorney Michael G. Sinkevich, Jr. has become a shareholder of the firm. Michael G. Sinkevich, Jr. has practiced extensively in the environmental and land use areas since arriving in New Jersey in 2007. With a focus on complex environmental litigation, he assists our business, individual, non-profit Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreNJ Supreme Court Rules On Causation Required In Spill Act Claims
This week, the New Jersey Supreme Court issued a decision in New Jersey Department of Environmental Protection v. Dimant, where the high court was asked to consider the level of causation needed to find a party liable for environmental cleanup costs under the New Jersey Spill Compensation and Control Act. The “Spill Act,” a predecessor Read More
Read MoreNJ Appeals Court Invalidates ISRA Regulation Requiring “Contamination Free” Certifications For Certain Industrial Sites
On Friday, July 6, 2012, the New Jersey Appellate Division invalidated a New Jersey Department of Environmental Protection (“NJDEP”) regulation requiring owners or operators of industrial establishments seeking an ISRA de minimis quantity exemption to certify that the land at issue is “clean,” i.e., free from contamination above specified action levels. This decision, which may Read More
Read MoreRCRA Remains a Viable Cause of Action to Pursue Cleanup of Contaminated Sites in New Jersey
A recent decision from the Third Circuit further confirms that state remediation standards, while instructive, are not dispositive of a claim under the federal Resource Conservation and Recovery Act (“RCRA”). Raritan Baykeeper v. NL Industries, Inc., No. 10-2591, 2011 U.S. App. LEXIS 20021 (Oct. 3, 2011), is at least the third decision in our jurisdiction Read More
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