New Jersey Law
High Point State Park
High Point State Park
NJ Supreme Court rules that a claim against insurer for bad faith can be decided by a jury.
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 …The N.J. App. Div. rules that common law causes of action for NRD are subject to extended statute of limitations for environmental cleanup, and in a separate decision, that NRD assessment cost reimbursement must await the end of the case.
As a follow up to the recent post on the trial court in NJDEP v. Saint-Gobain, the New Jersey Appellate Division has taken a contrary view, which now governs the issue in New Jersey. In a published opinion in…Developers benefit from “Time of Application” law passed on May 5.
On May 5, 2010, Governor Christie signed into law P.L. 2010, Chapter 9, known as the “Time of Application” law, which protects the rights of a developer by requiring the municipality to apply the zoning in place when application is…A Year After Stengart: What’s Changed?
It’s been a year since the New Jersey Supreme Court decision in Stengart v. Loving Care Agency. 990 A2d 650 (2010) and what has changed? The Stengart case shook the world of employment law because it is one of…DOT held liable as an “arranger” under CERCLA for design and management of stormwater system.
In United States v. Washington State Department of Transportation, the U.S. District Court in Washington recently held the Washington State Department of Transportation (WSDOT) liable as an “arranger” of the discharge of hazardous materials under CERCLA. The case involved a…Ninth Circuit holds contribution claims of intervenors are not barred by prior settlement under Sec. 113 of CERCLA
On September 15, 2010, in City of Emeryville v. Robinson, the U.S. Court of Appeals for the 9th Circuit ruled that a prior settlement under CERCLA and California law between Sherwin-Williams and the City of Emeryville for the costs…NJ District Court rules that NJDEP waived its NRD claims
On September 29, 2010, in FMC v. American Cyanamid consolidated with U.S. v FMC Corporation, Judge Cavanaugh of the U.S. District Court for New Jersey granted summary judgment to FMC Corporation ruling that the NJDEP had waived its right to…District Court Dismisses CERCLA Suit as Time Barred
On September 21, 2010, Judge Freda Wolfson of the U.S. District Court for New Jersey dismissed the claims of the United States against Rohm and Haas due to the limitations periods contained in CERCLA. The U.S. agreed that the suit…Court Rules Reinstatement to Former Position Necessary to Avoid Irreparable Harm
In Ellis v. Ethicon, a New Jersey Federal District Court Judge ruled on September 21, 2010 that Ethicon was required to reinstate Plaintiff to her position from which she was removed several years earlier. Following a trial in which the…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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