Cole Schotz

Court Plaza North 25 Main Street
Hackensack, New Jersey 07601, United States

  • 201-489-3000
  • 201-489-1536

Arms’ Length Sale of Contaminated Property is Best Indicator of Value for Tax Appeal Purposes

In a recent Appellate Division decision (Orient Way Corp. v. Tp. of Lyndhurst), the Tax Court’s prior determination that an arms’ length sale of the subject contaminated property provided credible evidence of true market value…more
| Civil Procedure, Finance & Banking, Taxation, Real Estate - Commercial

OSHA Issues Final Rules On Reporting Injuries In The Workplace

OSHA recently passed new rules requiring employers to notify OSHA of a fatality within eight (8) hours of the death. The new rules also require employers to file a report with OSHA for each in-patient hospitalization of an…more
| Labor & Employment Law

New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on Plaintiff’s…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Personal Injury, Real Estate - Residential

City of Passaic Latest to Pass Paid Sick Leave Policy

Passaic’s new law requires private employers to allow employees to earn one hour of paid sick leave for every thirty hours worked. Employers with ten or more employees must allow their workers up to forty hours of paid sick…more
| Labor & Employment Law

No Need To Wait For NJDEP’s Approval When Seeking Contribution For Site Cleanups

Parties that find themselves responsible for the remediation of contaminated property in New Jersey do not have to wait for the New Jersey Department of Environmental Protection (“NJDEP”) to approve a final cleanup plan before…more
| Civil Procedure, Environmental Law, Toxic Torts, Real Estate - Commercial

The Absolute Pollution Exclusion May Not Be That “Absolute”

The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution. Insurance companies have taken the position that…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance, Products Liability

New Jersey’s “Ban the Box” Legislation Signed Into Law

Last week, New Jersey Governor Chris Christie signed the Opportunity to Compete Act (Bill S2124) into law, thereby barring New Jersey employers from inquiring about job applicants’ criminal histories during the preliminary job…more
| Civil Rights, Labor & Employment Law

The Battle Continues in Bid Protest Against Bergen County

Echoing down Main Street in Hackensack is the incessant and repetitive booming of the driving of piles into the ground on what was once the visitor parking lot next to the Courthouse and former jail. The pile driving is part of…more
| Civil Procedure, Civil Remedies, Construction Law, Government Contracting

EEOC Issues Guidelines on Pregnancy Discrimination in the Workplace

For the first time in 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) has issued comprehensive guidelines for employers dealing with pregnant employees in the workplace (the “Guidance”). …more
| Civil Rights, Labor & Employment Law

CERCLA Contribution and Trust Funds: A Matter for State Law

The Second Circuit Court of Appeals in New York recently held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, does not require contribution from beneficiaries…more
| Civil Procedure, Civil Remedies, Environmental Law, Wills, Trusts, & Estate Planning, Real Estate - Commercial

School Segregation of Special Needs Students

The Individuals with Disabilities Education Act (“IDEA”) requires public schools to develop an Individualized Education Program for every student with a disability who is found to meet the federal and state requirements for…more
| Civil Rights, Education

Significant Revisions to the IRS Offshore Voluntary Disclosure Program

The existing OVDP has been in place since March 2009. The program allows a taxpayer to voluntarily come into compliance with US tax reporting obligations and pay a reduced civil penalty rather than facing either greater civil…more
| Finance & Banking, International Law & Trade, Taxation

New Jersey Senate Bill Aimed at Protecting Job Applicants With Criminal History

Earlier this month, the New Jersey State Senate Budget and Appropriations Committee advanced a bill seeking to bar employers from inquiring about the criminal history of job applicants during initial interviews and on job…more
| Civil Rights, Labor & Employment Law

EPA Gives New ASTM Standard the Nod in Proposed Rule

As indicated in our latest blog post, here, on US EPA’s adoption of the new ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, US EPA has taken the step necessary…more
| Civil Procedure, Environmental Law, Real Estate - Commercial

Newark’s Paid Sick Leave Ordinance to Take Effect on June 21, 2014

As we previously posted on March 20, 2014, the City of Newark, New Jersey passed a paid sick leave ordinance (the “Ordinance”), which requires private employers to provide paid sick leave to employees who work at least 80 hours…more
| Labor & Employment Law
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
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  • Delaware
  • Maryland
  • New Jersey
  • New York
Number of Attorneys

100+ Attorneys

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