California District Court dismisses CERCLA claim against manufacturer of dry cleaning machine under BNSF “arranger” test.

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…

CATEGORIES: Environmental Law

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…

CATEGORIES: Environmental Law

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”…

CATEGORIES: Environmental Law

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…

CATEGORIES: Family Law, Marital Law

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

CATEGORIES: Environmental Law

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.…

CATEGORIES: Employment 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…

CATEGORIES: Employment Law

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