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Expert Analysis

Be Wary Of Inadvertent Waivers In Contamination Claims

Law360, New York (September 11, 2014, 10:26 AM EDT) -- On Aug. 27, 2014, the Superior Court of New Jersey Appellate Division issued an opinion in Favorito v. Puritan Oil Company Inc.[1] reaffirming a nearly 30-year-old New Jersey precedent requiring owners of contaminated property to choose whether to be compensated for the diminution in property value or the remediation of the property. They cannot have their cake and eat it too. The opinion also serves as a warning to litigants to carefully consider decisions made before litigation begins to avoid inadvertently waiving potential claims....

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