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Recent Blog Posts

Taking Your Work Home: New Jersey Supreme Court Extends Liability for Workplace Exposure Beyond Spouses

In a recent unanimous decision, the New Jersey Supreme Court ruled that employer liability for employee workplace exposure may extend beyond a worker’s spouse.  On remand from the Third Circuit Court of Appeals, the Court in Brenda Ann Schwartz v. Accuratus Corporation considered whether the premises liability rule set forth in Olivo v. Owens-Illinois, Inc.,… Read More »

A Ninth Circuit Occurrence Calls Into Question A Prior Third Circuit Ruling Allowing In-State Environmental Mass Torts To Stay In State Court

The Ninth Circuit Court of Appeals recently issued a decision that may have a significant impact on environmental and other mass tort actions throughout the country. In Allen v. Boeing Company 50, No. 15-35162 (9th Cir. 2015), a large group of Washington state plaintiffs (“Plaintiffs”) allege that The Boeing Company (“Boeing”) has released toxins into… Read More »

Bioremediation May be in Store for Lower Passaic River

Two companies have decided to fund a pilot project aimed at determining whether “bioremediation,” the use of bacteria to decrease the presence of cancer-causing compounds, can be used to clean up the lower stretch of the Passaic River.  The measure announced by Maxus Energy Group, Inc. and Tierra Solutions, Inc. earlier in February would be… Read More »

Appellate Division Affirms: Expert Evidence Required to Prove Contaminants Caused Injury

In Anna Olson, et al. v. Sunoco, Inc., Superior Court of New Jersey, Appellate Division, Docket No.: A-4769-12T1 (App. Div. Jan. 26, 2015), the Appellate Division affirmed a grant of summary judgment in favor of Sunoco.  Plaintiffs purchased property in Westville, Gloucester County, New Jersey in 1999.  Their property is located near the Eagle Point… Read More »

DUPONT’S PLANNED SPINOFF COMPANY, SLATED TO ACCEPT COMPANY’S ENVIRONMENTAL LIABILITIES, DRAWS CONCERN

DuPont Co., one of the nation’s largest chemical manufacturers, is proceeding with its plan to spin off several of its businesses into a new company called The Chemours Co.  In what might ordinarily be considered a business page story, environmentalists and New Jersey residents have reacted with concern over DuPont’s proposal, which would include a… Read More »

EPA: New Jersey Meets Strengthened Federal Standard for Fine Particles, A Harmful Air Pollutant

The Governor’s Administration has announced the receipt of a notice from the federal Environmental Protection Agency (EPA) stating that New Jersey is currently in compliance with the EPA’s newly strengthened health standard for fine particles in the air. The new limits are 12 micrograms per cubic meter of fine particles, and the strengthened requirements went… Read More »

NJDEP Continues Crackdown on Illegal Dumping

Launched in March 2014, the New Jersey Department of Environmental Protection’s (DEP) “Don’t Waste Our Open Space” campaign has been taking steps to reduce and eliminate illegal dumping of construction debris, motor vehicle parts, and other materials on state-owned natural lands. The DEP has announced several incidents resulting in charges against violators since the crackdown… Read More »

New Jersey Legislation Worth Watching

A few pieces of legislation were introduced during the current New Jersey legislative session which concern hazards in homes, schools, and workplaces.  These bills are not laws just yet, but they do represent the opinion of some of our legislators and they concern very important public health issues, so it’s beneficial to be familiar with… Read More »

Passaic River Settlement Draws Criticism: Only $50M of $140M to go Towards River Cleanup

The battle continued last week over how the State of New Jersey will be spending $190 million dollars in funds obtained as part of Occidental Chemical Corp.’s settlement for contamination of the Passaic River.  In comments submitted to the Christie Administration last Wednesday, the last day of the available public comment period, a number of… Read More »

Failure to Assert All Damages in Contamination Claims May Cause Failure to Obtain Full Recovery

When a property owner’s investment property was contaminated by a leaking gasoline station next door, his case was ultimately dismissed for failing to allege all of the damages early in his litigation against the oil company. This happened in the case of Favorito v. Puritan Oil Company, Inc., which was upheld by a New Jersey… Read More »