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Motion to Dismiss Statute of Limitations Contamination

Lowenstein Sandler LLP

TSCA Citizen Suit and Public Nuisance Claims Dismissed by EDNY

On May 19, the Eastern District of New York (the Court) dismissed claims brought by the Town of Oyster Bay, New York (the Town) under Section 20(a)(1) of the Toxic Substances Control Act (TSCA)1 and for public nuisance...more

Lowenstein Sandler LLP

New Jersey Appellate Division Decision Creates Risk That NJDEP May Be Able To Revive Time-Barred Claims for Investigation and...

Lowenstein Sandler LLP on

On April 25, the New Jersey Superior Court Appellate Division reversed a trial court’s order dismissing the New Jersey Department of Environmental Protection’s (NJDEP) complaint as time-barred in NJDEP v. Desai. The ruling...more

Beveridge & Diamond PC

Groundwater Contamination Claim Survives Motion to Dismiss

Beveridge & Diamond PC on

A recent decision of the Eastern District of New York in a groundwater contamination action illustrates the fact-sensitive nature of statute of limitations defenses. In Hicksville Water Dist. v. Philips Elecs. N. Am. Corp.,...more

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