Barbara Hopkinson Kelly

Barbara Hopkinson Kelly

Wilson Elser

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The Rights of an Employee to Object to Working in an Unsafe Situation

In this Newsletter: OSHA - NLRA - State Law & Possible Federal Law Preemption - Conclusion - Excerpt from OSHA: The Occupational and Safety Health Act, 29 U.S.C. § 651 et seq.,...more

4/1/2015 - Best Management Practices Ebola Employer Liability Issues Garmin Factors Measles NLRA OSHA Preemption Workplace Hazards

New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims

In a unanimous decision on January 26, 2015, the Supreme Court of New Jersey, in Morristown Associates v. Grant Oil Co., overturned two lower-court decisions and held that the six-year statute of limitations for damage to...more

2/5/2015 - Contribution Claims Discovery Rule NJ Supreme Court Property Damage Reversal Spill Act Statute of Limitations

New Jersey Seeks to Ban the Use of “Microbeads” in Consumer Care

The New Jersey State Legislature has unanimously approved legislation to address the growing environmental concerns over personal care products containing microbeads, small non-biodegradable plastic particles used as...more

10/31/2014 - Environmental Policies Personal Care Products

NJ Supreme Court to Rule on Application of General Six-year Statute of Limitations to Spill Act Claims

The Supreme Court of New Jersey recently heard arguments on whether private claims for contribution brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (Spill Act) are subject to a...more

10/21/2014 - Contaminated Properties Hazardous Substances Property Damage Statute of Limitations

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection...

The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of...more

8/28/2014 - Environmental Liability Environmental Remediation Costs Exxon Mobil Jurisdiction Liability Oil & Gas Subject Matter Jurisdiction

Statute of Repose: A New Weapon in Environmental Defense Counsel’s Arsenal

The June 9, 2014, Supreme Court ruling in CTS Corp v. Waldburger represents a victory for companies and landowners with legacy environmental liabilities in states with a statute of repose applicable to tort claims. Moreover,...more

6/13/2014 - CERCLA Contaminated Properties CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose Water

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