- 7/2009 to present:
Gordon & Gordon, P.C.
Of Counsel, serving as Special Counsel to the Attorney General of
the State of New Jersey, in the prosecution of the Passaic River
- 2004 to 6/2009
Nagel Rice, LLP
Of Counsel, served as Special Counsel to the Attorney General of the
State of New Jersey in NRD cases; complex civil litigation.
- 1977 to 2008
Greenstone & Greenstone, P.A.
Partner since 1981. Engaged in complex civil litigation, in the
areas of environmental law, products liability, commodities and
securities regulation, workers’ compensation and medical
Allen v. United States Radium
Corporation, Dkt. No. L-13851-84, Superior Court of
NewJersey, Law Division - Essex County.
Served as lead counsel representing some 300 residents of Essex County,
exposed to radioactive materials disposed of between 1917 and 1926 in
areas upon which their homes were subsequently built. Case settled for
$4.2 million, with successor corporation of USR, a consortium of
insurance companies, the State of New Jersey and the United States Army
Corps of Engineers
Since there were no living witnesses to the disposal operations, it was
necessary to rely upon forensic evidence to establish that the
contamination was man-made, and was consistent with the manufacturing
operations employed by the defendant. A database was developed from
thousands of pages of EPA reports to relate aboveground radiation
levels, indoor radon and gamma radiation readings and core samples with
each particular residence.
In order to identify the source of the
contamination (which the EPA and DEP were unwilling to do since
enforcement action would delay efforts to remediate the sites)
plaintiffs were required to conduct an extensive investigation of
historic public and private records to establish the causal link between
the operations of USR and the radium contamination in the residential
neighborhoods. Utilizing mining and transportation records, plaintiffs
were able to trace the movement of carnotite ore from Colorado to
Orange, New Jersey, where it was processed into radium utilized in the
manufacture of luminous paint to make watch dials and military
instrumentation glow in the dark. Technical articles and historic
records were utilized to match the hazardous substances materials found
in the residential neighborhoods with the expected waste products
generated during the radium processing operation to establish the
liability of the defendants..
New Jersey Department of
Environmental Protection v. ExxonMobil Corporation, 393
N.J.Super. 388 (App. Div. 2007). Established that the State of New
Jersey was entitled to seek compensation from polluters under the New
Jersey Spill Compensation Control Act for the loss of use of natural
resources damaged or destroyed by the discharge of hazardous substances.
New Jersey Department of
Environmental Protection v. ExxonMobil Corporation, 2006
WL 1477161 (2006). Established at the trial level that dischargers under
the New Jersey Spill Compensation and Control Act are strictly liable
for the restoration of natural resources damaged or destroyed by the
discharge of hazardous substances.
Staub v. Eastman Kodak Co., 320
N.J. Super. 34 (App. Div. 1999) Established that in New
Jersey, the statute of limitations for an individual’s claim is tolled
during the pendency of a class action, even though the class is
eventually not certified.
Kerr v. Able Sanitary &
Environmental Services, 295 N.J. Super. 147 (App. Div. 1996).
Protected the right of an attorney not to be subject to subpoena by
Alken v. Lerner, 485 F.Supp.
871 (D.C.N.J. 1980) Established that an implied
private right of action existed under the Commodity Exchange Act for
Fairleigh Dickinson University
Adjunct Professor, School of Business
Commerce Clearing House
Law Editor, responsible for designing and initiating a new law
reporter on the regulation of the commodity futures markets. Also
edited securities and bankruptcy law reporters.
Reporter, covered the United States District Court for the District
of New Jersey and the United States Attorney Office during federal
task force prosecution of organized crime figures; also covered
politics, including the Newark mayoral election of 1970.
- The CFTC and Government Reorganization: Preserving Regulatory
Independence, 33 Bus.L. 163
- Leverage Transactions: On Creating a Regulatory Theme, 37 Emory
Law Journal 909 (1978)
- The Foreign Commodity Trader: A Regulatory Dilemma, 30 Adm. L.
Rev. 535 (1978)
- The Coffee Cartel: Manipulation in the Public Interest, 1 The
Journal of Futures Markets 3 (1981)
- Radium: The Endless Legacy, National Trial Lawyer, October 1990,
- The Alchemy of Litigation Support in the Complex Case, National
Trial Lawyer, November 1991,p. 44.
- Junk Science, Junk Justice, ATLA Law Reporter, September 1993.
- Court Imposes Retroactive Liability on ExxonMobil for Natural
Resource Damages, New Jersey Law Journal, 2/23/09
- State of New Jersey
- State of New York
- United States District Court for the District of New Jersey
- United States District Court for the Southern District of New
- United States Court of Appeals for the Second Circuit
- United States Court of Appeals for the Third Circuit
- B.A. Amherst College, cum laude, 1969
- J.D. Rutgers School of Law, 1974
- 1981- present Montclair Hawk Watch, volunteer participating in
monitoring the migration of raptors and teaching school classes,
scout groups and other visitors about birds of prey.
- 1991 - present New Jersey Audubon Society, Board of Directors.
(Chair, 2002 – January 2006); Chair of the Committee on
Conservation, Research and Stewardship (1992 - present)
- 1990 - present Cranford Committee on Airplane Noise
- 2008 - present Hawk Migration Association of North America,
Board of Directors