Many environmental claims turn on complex contractual relationships and evolving common law. Many of our litigation attorneys joined the firm after practicing in large law firms, and have brought to the firm a wealth of general litigation experience which continues to form the foundation of our approach to these cases. Because our firm represents numerous clients in the purchase, sale and development of environmentally-impaired properties, we have an appreciation for the purpose and effect of the underlying transactions. As a result, we are well-suited to assert and defend these types of claims, whether or not they involve contractual provisions expressly addressing environmental liability or pre-dating existing environmental laws, new theories of liability, or industry-specific business practices.
Photo © ER09 | istockphoto.com
Our experience with contracts and common law includes:
- Representing the seller of an incinerator facility in Illinois in a contract dispute with the buyer, which resulted in a substantial arbitration recovery for the seller in a case where the buyer had claimed damages.
- Defending a major corporation in a series of lawsuits, including a class action, filed in Pennsylvania's state courts by residents and local businesses alleging nuisances associated with our client's operations.
- Litigating and settling an action brought against a former industrial operator in northern New Jersey by the current owner of the property seeking contractual indemnification related to the environmental condition of the site.
- Representing a Fortune 500 company in responding to a contractual indemnification claim seeking millions of dollars in investigation and remediation costs.
- Representing a real estate owner and developer in litigation over a dry cleaning tenant’s contamination of shopping center property.
- Representing owners of a contaminated property in West Virginia seeking recovery of remediation costs under a settlement agreement with the prior property owners.
- Defending a Fortune 500 company in a complex contract dispute involving an easement agreement for the construction of a subsurface stormwater line, which the plaintiff alleged was the cause of a sinkhole that ultimately swallowed a restaurant building.
- Representing a national environmental consulting firm in a breach of contract action arising out of the discovery of live WWII munitions on the plaintiff’s property, causing the local municipality to issue an emergency order shutting down the property.
- Pursuing, on behalf of a scrap metal recycling company, contractual indemnification claims against the seller of the business to recover the costs of investigating and remediating environmental contamination.
- Obtaining summary judgment for a university on its claims for contractual indemnification and defense costs from a co-defendant in an environmental cost recovery action.
- Defending the seller of a gas station property in a fraud claim for alleged failure to disclose environmental contamination at the property.
- Representing a regional property services provider in litigation concerning allegations of negligent performance of services.
- September 19, 2011
- Suzanne Ilene Schiller, Partner at Manko, Gold, Katcher & Fox, LLP, Named Fellow of Litigation Counsel of AmericaSeptember 7, 2011
- Suzanne Schiller, a partner at Manko, Gold, Katcher & Fox, to Speak at HB Litigation Conference: "Oil in the Gulf - Litigation and Insurance Coverage" Thursday, November 4 in Miami, FloridaSeptember 20, 2010
- Jonathan Rinde, Brenda Hustis Gotanda and Meredith DuBarry Huston of Manko, Gold, Katcher & Fox, LLP Spoke at PA Chapter of the American Planning Association ConferenceOctober 6, 2009
Seminars & Speaking Engagements
- November 4, 2010Dealing with Claims and Discovery Issues
- January 25, 2016
- January 8, 2010
- December 8, 2009
- Company Waived Attorney-Client Privilege by Sharing Privileged Communication with Consultant, Superior Court HoldsJuly 30, 2017MGKF Litigation Blog
- June 8, 2017MGKF Litigation Blog
- May 15, 2017MGKF Litigation Blog
- Prior Property Owner Fails to Escape New Jersey Environmental Suit Because of Ambiguity in the Purchase and Sales Agreement of a Contaminated PropertyDecember 21, 2016MGKF Litigation Blog
- September 11, 2016MGKF Litigation Blog
- New Jersey Appellate Division Holds Plaintiff Must Establish “Reasonable Nexus” to Recover Cleanup Costs under New Jersey Spill ActNovember 18, 2015MGKF Litigation Blog
- Sixth Circuit Joins Growing Trend By Ruling Clean Air Act Does Not Preempt State Common Law Claims for Air PollutionNovember 3, 2015MGKF Litigation Blog
- “Fear of Contamination” From Neighboring Property Not A Nuisance: Eighth Circuit Overturns Class CertificationSeptember 17, 2015MGKF Litigation Blog
- New Jersey Supreme Court Holds No Recovery For Storage Tank Leak Under Trespass or Private Nuisance Absent Owner MisconductAugust 19, 2015MGKF Litigation Blog
- January 16, 2015MGKF Litigation Blog
- March 13, 2014MGKF Litigation Blog
- August 21, 2013MGKF Litigation Blog
- August 19, 2013MGKF Litigation Blog
- November 23, 2010ABA SEER's Agricultural Management Committee Newsletter
- April 5, 2010Association of Corporate Counsel's "Green-house Counsel"