On Demand Audio

Environmental and Toxic Tort Lawsuits From the Plaintiff’s Perspective (Update)

(139 reviews)

Produced on April 15, 2019

Taught by
$ 59 Environmental Law and Personal Injury and Negligence In Stock
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Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

In many ways, environmental law and toxic tort litigation are closely related. Many toxic tort cases are based on contaminants that have been spread in the air, the ground, or drinking water, which means the noxious substance is often also an environmental pollutant.

In this program we will evaluate environmental and toxic tort cases from the plaintiff’s standpoint, starting with the typical claims filed by plaintiffs, both statutory and common law. We will discuss damages, not just in terms of quantifying them, but also in terms of proving and explaining them to the fact finder. Additionally, because all of these cases require qualified experts, we will focus on the kinds of experts needed, as well as the qualifications that the court and the plaintiff’s lawyer typically seek out.


Learning Objectives:

  1. Identify cases that are trial-worthy
  2. Master the client interview, recognizing the sensitivities that surround the interview
  3. Draft the complaint, reviewing notice pleading versus specificity, intentional acts versus negligence, and strict liability versus negligence based standards
  4. Understand the role of experts
  5. Plan for discovery, a result oriented pathway in a long process, and what the plaintiff's lawyer can do to keep the case on track
  6. Discuss what damages the client requires to be made whole

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Stuart Lieberman

Lieberman & Blecher

Mr. Lieberman is a founding member of the firm Lieberman & Blecher. He is a former Deputy Attorney General for the State of New Jersey who was assigned to the Environmental Protection Section. Mr. Lieberman was also a partner in a New Jersey law firm that was extensively engaged in the practice of environmental law.

Stuart J. Lieberman is a co-author of New Jersey Brownfields Practice, a book that describes legal aspects relating to the sale of contaminated properties in New Jersey. A frequent lecturer on environmental subjects and a weekly syndicated columnist, he has represented many municipalities, businesses and individuals in regulatory and land use matters as well as litigation in these areas. In addition, Mr. Lieberman has worked heavily in the area of regulatory takings and groundwater contamination.

Mr. Lieberman represents clients in environmental matters, defective product and fraudulent claims, land use and general litigation.

Mr. Lieberman is a member of the Mercer County Bar Association and the New Jersey State Bar Association, where he serves on the Board of Consultors for the Real Property Section. 

He has successfully litigated many cases in New Jersey state and federal courts, and has prevailed in two New Jersey Supreme Court cases. The most recent case, Raleigh Avenue Beach Association v. Atlantis Beach Club, was a landmark decision regarding beach access in the State of New Jersey.

In addition, Mr. Lieberman and Lieberman & Blecher, P.C. are counsel to the Passaic River Coalition, an organization committed to protecting valuable water resources in the State of New Jersey. Mr. Lieberman is also counsel to the Coalition for Health and Public Safety, a public charter composed of several municipalities in northern Bergen County who have organized to address public health and safety threats in the area. Most recently, Mr. Lieberman became a member of an ASTM International sub-committee and is lending his environmental legal experience to that organization as it develops a standard for qualification as an expert environmental forensic scientist in civil and criminal litigation.



Reviews

DR
Dena R.

Love the encouragement to help others and great content

JE
James E.

I liked the presenters style and enthusiasm for the subject.

PW
Paul W.

Good job by the instructor

JG
Julian g.

excellent

RC
Robert C.

Very informative, very useful.

GV
Greg V.

enjoyed

TV
Todd V.

Good course.

SK
Steven K.

The presenter was a very good teacher, and enjoyable to listen to.

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