Barbara Hopkinson Kelly

Barbara Hopkinson Kelly

Wilson Elser

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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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