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.
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Our experience with contracts and common law includes:
- Defending subsidiaries of Tenneco, Inc. as both trial and appellate counsel in action brought by group of parties remediating a contaminated site in New Jersey; plaintiffs asserted statutory claims under the New Jersey Spill Act and common law contract claims; achieved successful summary judgment dismissal of statutory New Jersey Spill Act claims; proceeded to bench trial on remaining contract claims, and received judgment of no cause of action and dismissal of all remaining claims; successful defense of appeal before the New Jersey Superior Court, Appellate Division, which affirmed trial court judgment (AGIP USA Inc. et al., v. The Pullman Company et al., Union County, Dkt. No. L-3530-10, Appellate Div. Dkt. No. A-0173-16T1, 2020 WL 1908509, at *1 (N.J. Super. Ct. App. Div. Apr. 20, 2020))
- 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.
- June 22, 2021
- January 6, 2020
- October 3, 2019
- January 7, 2019
Seminars & Speaking Engagements
- November 4, 2010Dealing with Claims and Discovery Issues
- September 24, 2019Law360
- January 25, 2016
- January 8, 2010
- December 8, 2009
- August 26, 2021MGKF Litigation Blog
- August 16, 2021MGKF Litigation Blog
- MDL Court Holds Allegations Against Foreign Parent Entity Sufficient for Personal Jurisdiction but Insufficient for LiabilityAugust 10, 2021MGKF Litigation Blog
- April 15, 2021MGKF Litigation Blog
- November 26, 2020MGKF Litigation Blog
- Ninth Circuit Holds That “Discretionary Function” Defense Does Not Bar Claims Against the United StatesSeptember 14, 2020MGKF Litigation Blog
- August 7, 2020MGKF Litigation Blog
- July 20, 2020MGKF Litigation Blog
- June 1, 2020MGKF Litigation Blog
- April 22, 2020MGKF Litigation Blog
- California District Court Finds Temporary Diminution in Property Value Sufficient to Withstand Summary Judgment on Common Law ClaimsMarch 26, 2020MGKF Litigation Blog
- February 3, 2020MGKF Litigation Blog
- Rule of Capture Applies to Hydraulic Fracturing in PA, but Door is Still Open to Trespass and Conversion ClaimsJanuary 27, 2020MGKF Litigation Blog
- November 4, 2019MGKF Litigation Blog
- Breaking From Other Districts, US District Court Of Rhode Island Remands Climate Change Public-Nuisance Case To State CourtAugust 2, 2019MGKF Litigation Blog
- July 30, 2019MGKF Litigation Blog
- June 14, 2019MGKF Litigation Blog
- March 28, 2019MGKF Litigation Blog
- March 18, 2019MGKF Litigation Blog
- July 24, 2018MGKF Litigation Blog
- Third Circuit Revives Landowner’s Challenge to the DRBC’s Authority over Fracking Activities in the Delaware River BasinJuly 16, 2018MGKF Litigation Blog
- 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"