On March 12, 2010, in
Hinds Investments v. Team Enterprises, the court for the Eastern District of California found the manufacturer of dry cleaning equipment designed to discharge wastewater containing PCE into open drains was not an “arranger” 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…
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”…
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
…
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…
On November 10, 2009 the Court of Appeals for the the10
th 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…
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…
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 …
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.…
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…
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