By Michael C. Kondrla | Published August 3, 2016 | Posted in Blog | Leave a comment
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⟩ 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
Read MoreA Ninth Circuit Occurrence Calls Into Question A Prior Third Circuit Ruling Allowing In-State Environmental Mass Torts To Stay In State Court
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 Read More
Read MoreBioremediation May be in Store for Lower Passaic River
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. Read More
Read MoreAppellate 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
Read MoreDUPONT’S PLANNED SPINOFF COMPANY, SLATED TO ACCEPT COMPANY’S ENVIRONMENTAL LIABILITIES, DRAWS CONCERN
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 Read More
Read MoreEPA: 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
Read MoreNJDEP 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
Read MorePassaic River Settlement Draws Criticism: Only $50M of $140M to go Towards River Cleanup
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 Read More
Read MoreFailure to Assert All Damages in Contamination Claims May Cause Failure to Obtain Full Recovery
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 Read More
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