In NRD claim, trial Court dismisses common law causes of action of nuisance and trespass under the statute of limitations as they are not “environmental laws” and there was no “continuing tort.”

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…


Judge Harriet Derman (Ret) named to Judicial Advisory Panel.

Retired Judge Harriet Derman, who heads our alternative dispute resolution team, was named by Governor Chris Christie to his newly constituted Judicial Advisory Panel. The mission of the seven person Panel is to provide the Governor with “independent and…


Judge Harriet Derman, retired NJ Superior Court Chancery Division, has expanded the firm’s alternate dispute resolution services.

Judge Harriet Derman retired from the Bench in Somerset County where she had been the Presiding Judge of the Equity Division for Somerset, Hunterdon, and Warren Counties and the Probate Judge for Somerset County. She now leads the Alternative Dispute…


Tax Court Developments

In Davanne v. Edison, (see previous blog entry of Feb. 19,2010) Martin Allen successfully argued before the New Jersey Supreme Court that the 8th Amendment prohibition against unreasonable and excessive fines does not apply to a dismissal of a…


Firm Argues That Hospital’s Offsite Physical Therapy Services at “Wellness Center” Is Not Entitled to Exemption

Martin Allen recently argued before the NJ Appellate Division in the case of Hunterdon Medical Center v. Readington. In that case, the N J Supreme Court reversed in part and remanded the matter to the Tax Court to determine…


Martin Allen speaks to Monmouth County Tax Assessors

Mr. Allen appeared on February 4 as a speaker at the Monmouth County Assessor’s 4th Annual Conference. The topic of his talk was the “Legal Pathway through the Appeal Process” in which he discussed the procedural defenses and…


Tax Court Decision Holds that Taxpayer Counsel May Not Communicate with Assessor Without Consent of Municipal Attorney

Martin Allen of the firm recent obtained a decision from the Tax Court in Kolvites v Manville (unreported), which has become a case frequently cited for its holdings. The Court held that a case cannot be dismissed at the County…


Martin Allen Argues Tax Appeal Issues Before the NJ Supreme Court

Martin Allen recently argued before the New Jersey Supreme Court in Davanne v. Edison. The issue of the case is whether the dismissal of a tax appeal pursuant to Chapter 91 (N.J.S.A.54:4-34) is unconstitutional pursuant to the…


A.M.Best Podcast on Insurance and Privacy Law

Steven Kunzman and Todd Ruback of the firm recently participated in a podcast with A.M Best regarding developments in privacy law and related insurance issues. To hear the podcast go to: http://www3.ambest.com/bestfeed/insurancelaw/Insurance_Law_Podcast_40.mp3


Tax Appeal Strategies in a Real Estate Down-turn

In the recent article published in New Jersey Municipalities magazine entitled “Tax Appeal Strategies in a Real Estate Down-turn,” Martin Allen, Esq. discusses the issues faced by municipalities in tax appeals now that the real estate bubble has…