Advertisement

April 21, 2014

New Jersey Spill Act Claim Subject To Statute Of Limitations

The Appellate Division of the New Jersey Superior Court has decided that private claims for contribution pursuant to the New Jersey Spill Compensation and Control Act (Spill Act) are subject to a statute of limitations.  In the case of Morristown Associates v. Grant Oil Company, the plaintiff argued that because the Spill Act states that the “only defenses” which may be raised by a Spill Act defendant are the statutory defenses listed in the Spill Act itself, and because a statute of limitations is not one of those defenses, there is no statute of limitations applicable to a Spill Act contribution claim.  The Appellate Division rejected that argument, ruling that the general six-year statute of limitations for damage to property applies to a private claim for contribution pursuant to the Spill Act.  The Court also decided that the recognized “discovery rule” may extend the time limitation based on when the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered that he may have the basis for an actionable claim.

© 2014 Giordano, Halleran & Ciesla, P.C. All Rights Reserved

About the Author

Paul H. Schneider, GIordano Law Firm, Litigation Attorney
Shareholder

Mr. Schneider, co-chair of the Litigation Practice Area, focuses his practice in environmental, redevelopment, land use, regulatory, real estate and affordable housing law, and litigation. Mr. Schneider also handles a wide variety of redevelopment matters as well as corporate and commercial litigation. In addition to handling major litigation before both the state and federal courts and the Office of Administrative Law, he has extensive experience before the New Jersey Supreme Court and the Appellate Division.

732-741-3900

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.