New Jersey Law
High Point State Park
High Point State Park
Second Circuit applies a low standard of liability in defense motion for summary judgment under CERCLA.
The February 24, 2010 decision by the Second Circuit Court of Appeals in Niargra Mohawk Power Corp. v. Chevron USA, Inc., made it more difficult for defendants in a private contribution action to obtain summary judgment. The court held…Conditions at time of suit determine right to maintain private action under RCRA.
On January 19, the District Court in the Northern District of Texas ruled in American International Surplus Lines Insurance Co. v. 7-Eleven that the determination of whether there is an “imminent and substantial endangerment to human health or the environment”…Court Declares Surrogacy Agreement Void.
In A.G.R. v. D.R.H. ( also known as Robinson v. Hollingsworth), the Superior Court in Hudson County continued the long standing public policy in New Jersey of voiding surrogacy agreements. The New Jersey Supreme Court first established this policy
…23 Year old child pursuing Master’s Degree – “not emancipated”
The New Jersey Appellate Division has recently upheld a trial court determination that a 23-year-old child was not emancipated and was entitled to contribution toward her education costs as well as continued child support. In Mulcahey v. Melici the Appellate…10th Circuit Court Allows PRP to Intervene to Challenge CERCLA Settlement.
On November 10, 2009 the Court of Appeals for the the10th Circuit permitted Union Pacific Railroad (UPR) to intervene in the CERCLA action for the purpose of challenging a pending settlement between 44 other PRPs and the U.S. In…Applicant has burden to prove that it did not abandon a prior non-conforming use
In Beverly Square Association, Inc. vs. Zoning Board of Adjust of the City of Trenton et al., the New Jersey Appellate Division held that a property owner, applicant for permit to renovate a prior non-conforming use, has the ultimate burden…NJDEP issues Rules and Guidance Documents for Site Remediation in accordance with the SRRA
The NJDEP has recently issued documents to provide direction and guidance for remediation of contaminated sites by Licensed Site Remediation Professionals (LSRPs) including Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) Rules and the Guidance for the Issuance of …District Court Punishes Lucent for Ambiguous Language in Separation Agreement
In Kanafani v. Lucent Technologies, plaintiff, a former employee of a subsidiary of Lucent Technologies, asserted violations of the New Jersey Conscientious Employee Protection Act (CEPA), in addition to claims pursuant to the New Jersey Wage and Hour Law.…Release of Unfavorable Information on Former Employee to Prospective Employer Is Not Inherently Discriminatory
On November 4, 2009, in Taylor v. Amcor Flexibles, Inc., the United States District Court, dismissed the claim of a plaintiff asserting that the disclosure of negative employment evaluations to a prospective employer is not inherently discriminatory. Plaintiff Alonzo…DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum PC (http://www.dbnjlawblog.com) is a full service law firm in New Jersey which provides a broad range of legal services. For additional information about the matters in this bulletin or in the firm’s Employment Practice, please contact Richard P. Flaum, Esq.
The information contained in this blog is intended solely for informational purposes; it is a advertising publication of DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum P.C.This publication is intended to alert recipients of developments in the law and is not intended to provide legal counsel, advice or opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult a member of this firm or your own attorney concerning your particular situation and any specific legal questions you might have.
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