Barbara Hopkinson Kelly: Lawyer with Wilson Elser Moskowitz Edelman & Dicker LLP

Barbara Hopkinson Kelly

Phone973.735.5765

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Experience & Credentials
 

Practice Areas

  • Asbestos
  • Employment & Labor
  • Energy
  • Toxic Tort
  • Environmental
  • General Liability & Casualty
  • Insurance & Reinsurance Coverage
 
Contact InfoTelephone: 973.735.5765
Fax: 973.624.0808
http://www.wilsonelser.com/attorneys/barbara_h_kelly
 
University Wharton School of the University of Pennsylvania, B.S., 1980
 
Law SchoolEmory University School of Law, J.D., 1984
 
Admitted1985, New Jersey and U.S. District Court, District of New Jersey; U.S. Court of Appeals, Third Circuit; New Jersey Supreme Court; U.S. Supreme Court
 
Memberships 

Memberships & Affiliations

American Bar Association
New Jersey State Bar Association
The Association of Trial Lawyers of America - New Jersey
Risk Management Society (RIMS)
Professional Liability Underwriting Society (PLUS)
DRI

 
Biography

Barbara Hopkinson Kelly focuses her legal practice on environmental and toxic tort litigation and insurance coverage, including issues involving employment law. She also has more than 25 years of significant litigation experience in the professional malpractice and business tort fields. Barbara has served as liaison counsel to numerous Fortune 500 clients, defending many of them in class action lawsuits with financial exposures in excess of $100 million.

Known for successfully arguing even the most difficult motions, Barbara is also a master negotiator. Her problem-solving skills have earned a loyal following among her clients and peers alike. Barbara brings to the table an innate ability to coordinate ideas and strategies with her clients, forging productive, long-term relationships. An avid equestrian and skier, Barbara applies that same energy and tenacity to her legal practice.

Areas of Focus

Environmental / Toxic Tort
Barbara has litigated numerous environmental cases involving various claims, including natural resource damage claims throughout the United States. She maintains a national CERCLA practice and routinely appears before the U.S. Environmental Protection Agency and the New Jersey Department of Environmental Protection. In addition, Barbara advises clients in brownfield cleanups and redevelopment of contaminated properties. This part of her legal practice also includes securing environmental insurance products to protect the firm's clients against cleanup cost overruns and pollution legal liability.

Insurance-Reinsurance Coverage
Barbara has extensive experience in insurance coverage, including representation of multinational insurance companies. She has handled coverage issues in complex general liability claims and defended clients in related litigation. Barbara focuses on saving insurers legal and indemnity expenses. She has worked with underwriters in developing insurance policies in a myriad of areas and is a member of Professional Liability Underwriters Society (PLUS). Her comprehensive experience in insurance coverage allows her to handle complex cases in various industries. She has also published material in the arena of alternative claims resolution.

Professional Liability
Barbara has significant litigation experience in the professional malpractice and business tort fields. She has defended real estate agents, attorneys, accountants, securities brokers and other professionals against negligence and related claims under federal and state laws.

Municipal
Barbara has defended municipalities and their police departments in civil rights actions. She has successfully defended actions falling under section 1983 and tried a complex section 1983 claim involving allegations of police misconduct. She has also mediated class actions, including a significant 5,000 class member strip search” action against a municipality. Additionally, she has represented municipalities in cases alleging wrongful termination. She has defended numerous municipalities in New Jersey and Connecticut regarding environmental and toxic tort matters related to Superfund sites, as well as municipal owners /operators of sites having national exposure.

Real Estate
Barbara has worked with underwriters in developing insurance policies in a myriad of areas. With respect to real estate litigation, she has handled breach of contract, fraud and related claims in both the residential and commercial real estate contexts.

Clerkship
Internship with the U.S. Attorney for the Northern District of Georgia, Criminal Division

Publications

New Jersey Seeks to Ban the Use of Microbeads” in Consumer Care

NJ Seeks Ban on Microbeads” in Consumer Care Products

October 30, 2014

New Jersey's Legislature has approved a bill that is expected to come before the Governor's Office in November 2014. If enacted, the bill's prohibition against the production or manufacture of personal care products containing microbeads would commence January 1, 2018. The measure prohibits the sale, offer for sale or promotion of these items on or after January 1, 2019. In addition, no person will be able to sell, offer for sale or offer for promotion over-the-counter drugs containing synthetic plastic microbeads in the state beginning January 1, 2020.

NJ Supreme Court to Rule on Application of General Six-year Statute of Limitations to Spill Act Claims

NJ Supreme Court to Rule on Statute of Limitations for Spill Act Claims

October 20, 2014

The NJ Supreme Court is poised to open arguments surrounding a 2013 decision by the Appellate Division not only accepting a six-year statute of limitations for private contribution actions under the NJ Spill Act but also applying it retroactively. If upheld, parties that have been performing remediation activities for years may encounter hurdles in recovering all of their costs. Likewise, parties beginning to perform remediation activities may face time limitations for investigating and filing their claims.

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval

Concurrent Jurisdiction Shared by Courts and NJ DEP

August 26, 2014

Statute of Repose: A New Weapon in Environmental Defense Counsels Arsenal

Statute of Repose a Weapon in Environmental Defense

June 12, 2014

The Supreme Court recently held that the Federal Superfund law does not preempt state statutes of repose, representing a victory for companies and landowners with legacy environmental liabilities in states with a statute of repose applicable to tort claims.

Additional Publications

Alternative Dispute Resolution, Practicing Law Institute
Pollution Coverage-Institute for Continuing Legal Education
Co-author of Trends and Emerging Coverage Issues, Practicing Law Institute

Events

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Additional Events

Practicing Law Institute on Insurance Coverage Trends and Emerging Issues, Arbitration and Alternative Dispute Resolution

Institute for Continuing Legal Education on Environmental Issues

 
Reported CasesRepresentative Matters: Environmental / Toxic Tort Barbara has litigated numerous environmental cases involving various claims, including natural resource damage claims throughout the United States. She maintains a national CERCLA practice and routinely appears before the U.S. Environmental Protection Agency and the New Jersey Department of Environmental Protection. In addition, Barbara advises clients in brownfield cleanups and redevelopment of contaminated properties. This part of her legal practice also includes securing environmental insurance products to protect the firm's clients against cleanup cost overruns and pollution legal liability. Insurance-Reinsurance Coverage Barbara has extensive experience in insurance coverage, including representation of multinational insurance companies. She has handled coverage issues in complex general liability claims and defended clients in related litigation. Barbara focuses on saving insurers legal and indemnity expenses. She has worked with underwriters in developing insurance policies in a myriad of areas and is a member of Professional Liability Underwriters Society (PLUS). Her comprehensive experience in insurance coverage allows her to handle complex cases in various industries. She has also published material in the arena of alternative claims resolution. Professional Liability Barbara has significant litigation experience in the professional malpractice and business tort fields. She has defended real estate agents, attorneys, accountants, securities brokers and other professionals against negligence and related claims under federal and state laws. Municipal Barbara has defended municipalities and their police departments in civil rights actions. She has successfully defended actions falling under section 1983 and tried a complex section 1983 claim involving allegations of police misconduct. She has also mediated class actions, including a significant 5,000 class member strip search action against a municipality. Additionally, she has represented municipalities in cases alleging wrongful termination. She has defended numerous municipalities in New Jersey and Connecticut regarding environmental and toxic tort matters related to Superfund sites, as well as municipal owners /operators of sites having national exposure. Real Estate Barbara has worked with underwriters in developing insurance policies in a myriad of areas. With respect to real estate litigation, she has handled breach of contract, fraud and related claims in both the residential and commercial real estate contexts.
 
ISLN906381661
 

Documents by this lawyer on Martindale.com

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New Jersey Seeks to Ban the Use of “Microbeads” in Consumer Care
Genese K. Dopson,Barbara Hopkinson Kelly,Erik M. Ortega, November 10, 2014
The New Jersey State Legislature has unanimously approved legislation to address the growing environmental concerns over personal care products containing microbeads, small non-biodegradable plastic particles used as abrasives in personal care products such as toothpaste. If enacted, New Jersey...

NJ Supreme Court to Rule on Application of General Six-year Statute of Limitations to Spill Act Claims
Barbara Hopkinson Kelly,Erik M. Ortega, November 2, 2014
The Supreme Court of New Jersey recently heard arguments on whether private claims for contribution brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (Spill Act) are subject to a general six-year statute of limitations applicable to common law property...

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval
Geewon Cha,Barbara Hopkinson Kelly, September 1, 2014
The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of Environmental Protection (DEP) in determining the remediation...

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Office Information

Barbara Hopkinson Kelly

200 Campus Drive
Florham ParkNJ 07932-0668




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