NJ High Court To Mull When Spills Suits Should Be Deferred

Law360, New York (March 8, 2013, 8:31 PM EST) -- The New Jersey Supreme Court on Friday decided to consider when, under the doctrine of primary jurisdiction, litigation over the assignment of blame for environmental contamination should take a back seat to a state Department of Environmental Protection enforcement action.

The court granted Magic Petroleum Corp.'s request for certification in its case against Exxon Mobil Corp. Those companies have battled over responsibility for contamination at a Clarksburg, N.J., gas station property, where the DEP had decided to conduct a remedial investigation following Magic's alleged failure to...
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