Publications
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NJ Supreme Court Opens Door to More Take-Home Exposure Claims against Landowners
NJ: Expansion of Take-Home Exposure Claims
August 1, 2016
A recent ruling by the New Jersey Supreme Court will mean that defendant landowners will now have more difficulty in early dismissals of take-home chemical exposure claims filed by non-spouses. The defendant landowners will be barred from filing Motions to Dismiss at the start of the litigation since the question of liability to a non-spouse is no longer a question of law but a fact question for which discovery is needed.
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New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims
New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims
February 5, 2015
On January 26, 2015, the Supreme Court of New Jersey overturned two lower-court decisions and held that the six-year statute of limitations for damage to real property does not apply to Spill Act private contribution claims.
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New Jersey’s Appellate Division Finds Manufacturer Has a Duty to Warn of Asbestos Risk in Foreseeable Replacement Component Parts
Duty to Warn of Asbestos Risk in Replacement Parts
April 25, 2014
Following a recent finding by New Jersey’s Appellate Division, equipment manufacturers sued in New Jersey may now be subject to liability for failure to warn of asbestos in replacement component parts neither manufactured nor required by them years after their original sale. The court found it is reasonably foreseeable that component parts would be replaced regularly as part of routine maintenance.
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Six-Year Statute of Limitations Applies to Spill Act Contribution Claim
Statute of Limitations on Spill Act Contribution Claim
September 23, 2013
In a recent decision, the New Jersey Appellate Division held that the general six-year statute of limitations for property damage applies to a private claim for contribution under the Spill Compensation and Control Act.
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Supreme Court Rejects Case from First Circuit on Junk Science
February 9, 2012
The U.S. Supreme Court declined to review a First Circuit Court of Appeals decision that seems at odds with the high court’s decision in Daubert, which required trial courts to serve as the gatekeepers of scientific expert testimony by assessing the reliability of such testimony before admitting it.