In a recent unreported decision, NJDEP v Hess Corp, the N.J. Appellate Division held that the N.J.
Spill Act does not subsume the common law claims the NJDEP asserted against the current and former
owners of a property used to…
In a recent set of decisions in the case of Leese, et al. v. Lockheed Martin Corp., Federal District Court Judge Simandle granted summary judgment to the defendant due to the inadequacy of plaintiff’s experts related to the claims …
In
Magic Petroleum, Inc. v. Exxon Mobil, the New Jersey Appellate Division dismissed, without prejudice, Magic’s claim for contribution of remedial costs against Exxon due to NJDEP’s primary jurisdiction of the remedial investigation at the plaintiff’s property. Plaintiff had been…
On July 13, 2010, in
Commissioner of the Department of Planning and Natural Resources v. Century Alumina, LLC, et.al., the Federal District Court from the St. Croix division of the Virgin Islands, held that an action to recover natural resource…
On June 14, 2011 the New Jersey Supreme Court ruled that a claim for bad faith against an insurer for failure to settle a case within the limits of an insurance policy is to be decided by a jury.
Wood …
On April 5, 2010 the NJ in
Buttitta v. Allied Signal, Inc. et.al. the Appellate Division affirmed the largest award in an asbestos/mesothelioma case in NJ.
The jury awarded the plaintiff widow and family $8,000,000 for pain and suffering, $2,000,000…
In
Kolokowski v. Crown Equipment, U.S. District Court in New Jersey recently confirmed that the duty to train employees rests with the employer, not the manufacturer.
The case involved a claim for injuries sustained by plaintiff while operating a walkie…
On June 12, 2010, in
Mereno v. American Home Products, Inc., the New Jersey Appellate Division affirmed the dismissal of a claim by Mark Moreno and his mother of defectively manufactured oral polio vaccine (OPV) which had been administered to…
In
NJDEP v. Saint Gobain Plastics Corp. DiFrancesco, Bateman succeeded in having the State’s common law claims for natural resource damages (NRD) dismissed under New Jersey’s 10 year statute of limitations for the State’s assertion of claims: N.J.S.A. 2A:14A-1.2. Contamination…