LSI 2010 NRD Santa Fe final conference binder 072110.pdf

John K. Dema of Law Offices of John K. Dema, P.C.
Bill Jackson of Jackson Gilmour & Dobbs, PC
Scott E. Kauff of Law Offices of John K. Dema, P.C.
Speaker 16: 7
Speaker 17: 7
Speaker 18: 7
NJDEP et al. v. Essex Chem. Corp.
(Sup. Ct. of NJ, Law Div. 2010, Oral
Opinion)
Context – Court’s oral opinion refusing to
exclude Plaintiffs’ damages expert at outset
of the trial.
Holding
NJ’s Appellate Division decision in Exxon Mobil
does not state that compensatory restoration
claims are limited to loss of use damages or lost
services. The court refused to make a
preliminary ruling on the issue of damages in
the context of a motion to exclude an expert.
BP Oil Spill
What’s Next?
Standard to establish “gross negligence or
willful misconduct” under OPA to
overcome damages cap.
Standard to establish a responsible party
failed to “provide all reasonable
cooperation and assistance required by a
responsible official in connection with
removal activities.”
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM