Gordon Rees Scully Mansukhani attorney Lee Henig-Elona secured a complete dismissal for a New Jersey environmental consulting firm in a high-exposure environmental liability case in the Superior Court of New Jersey.
The plaintiffs sought substantial damages, alleging that multiple defendants, including utility companies and contractors, were responsible for flooding that destroyed their historic colonial-era home during Hurricane Ida. Specifically, the plaintiffs claimed that a temporary road built with “environmental matting” had washed into the Neshanic River, creating a blockage under a nearby bridge, causing catastrophic flood damage. The firm’s client, added as a defendant in the Fifth Amended Complaint, was alleged to have contributed to the flooding through its involvement in environmental consulting and permitting oversight.
Henig-Elona moved to dismiss all claims against the environmental consulting firm under Rule 4:6-2(e), arguing that the plaintiffs had failed to state a claim upon which relief could be granted. The court agreed, finding that the complaint contained no specific factual allegations tying the client to any actionable conduct. All four claims—negligence, gross negligence, nuisance, and trespass—were dismissed without prejudice.
This result reflects GRSM’s litigation strength in complex, multi-party tort actions and reinforces the firm’s ability to strategically dismantle unfounded claims early in the litigation process through sharp motion practice and precise legal argument.
As a national leader in the space, GRSM’s Environmental & Toxic Tort practice has a strong track record at trial, on appeal, and through efficient settlements. With experienced attorneys nationwide, the firm is equipped to manage national litigation, serve as local counsel, or act as trial counsel anywhere in the United States.