Court Grants Summary Judgment in Maryland Square Vapor Intrusion Case

By Lawrence Schnapf, Principal, Schnapf LLC We have been periodically posting updates on the progress of the landmark Voggenthaler v Maryland Square, LLC vapor intrusion case from Las Vegas, Nevada. In the most recent ruling, the court granted the motion for summary judgment filed by the Nevada Department...

District Court Holds Vapor Intrusion Is Imminent and Substantial Endangerment

By Lawrence Schnapf, Principal, Schnapf LLC The recent decision in Sisters of Notre Dame De Namur v. Mrs. Owen J. Garnett-Murray , 2012 U.S. Dist. LEXIS 78747 (N.D. Cal. 6/6/12) , is the latest example of how vapor intrusion has become a game changer for toxic tort and RCRA litigation. Vapor intrusion...

Babst Calland: Nexus Requirement Clarified Under New Jersey’s Spill Act

In a decision issued September 26, 2012, the New Jersey Supreme Court clarified the standard for demonstrating causation in a claim for damages under the Spill Compensation and Control Act (Spill Act) . The Court held that a plaintiff claiming damages, costs or other similar relief under the Spill Act...