Jacob Grouser Argues NJDEP v. Dimant in the Supreme Court of New Jersey

On May 7, 2012, the New Jersey Supreme Court heard oral argument in the matter of NJDEP v. Dimant.  The Court granted Certification to review whether the New Jersey Spill Compensation and Control Act (the “Spill Act”) provides for strict liability for contamination absent a causal link/nexus to the contamination.  Below, the trial court and Appellate Division found that Plaintiffs, the New Jersey Department of Environmental Protection (“NJDEP”) and the New Jersey Spill Compensation Fund (“Spill Fund”), failed to establish liability against the Defendant and our clients, the Third-Party Defendants, which were the last two of several operators of a laundromat/dry cleaners in Bound Brook, New Jersey, which operated for over forty years.  Specifically, the trial court found that Plaintiffs failed to connect any discharge by the Defendant with nearby residential drinking well and groundwater contamination.

The matter was successfully tried to verdict in the Superior Court of New Jersey by Marc Gaffrey, Supervising Partner of the Environmental and Toxic Tort Department in 2009.  Jacob Grouser, an Associate in the Environmental and Toxic Tort Department argued the cause before the Appellate Division and the Supreme Court.  The matter is now under consideration by the Supreme Court of New Jersey. To view the argument, click here to visit the New Jersey Courts Web Site Archive.