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
  • Environmental
  • General Liability & Casualty
  • Insurance & Reinsurance Coverage
  • Toxic Tort
  • Employee Benefits
 
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.

Clerkship

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

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.

Events

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

Publications

A role for the federal government in insurance regulation attracts additional support

October 2009 During its Fall National Meeting, the National Association of Insurance Commissioners ( NAIC ) Government Relations Leadership Counsel ( GRLC ) approved for submission to Congress the Reinsurance Regulatory Modernization Act of 2009 (the Act ), which would modernize the regulation of reinsurance by state insurance regulators. The Act is intended to facilitate cross-border reinsurance transactions and to enhance competition within the U.S. market, while ensuring that U.S. insurers and policy holders are adequately protected against the risk of insolvency, according to a statement by Roger Sevigny, New Hampshire Insurance Commissioner and President of the NAIC.

New Medicare reporting guidelines apply to all liability insurers and self-insureds, but will they be enforceable against alien (non-U.S.-admitted) carriers?

August 2009 As we reported in an Insurance Alert on April 30, 2009, and as further elaborated in an article by Frederick J. Pomerantz (Partner-NY), that appeared in Vol. 20 Edition 2 - Summer 2009 of the FORC Journal, a publication of the Federation of Regulatory Counsel, Inc., the Medicare, Medicaid, and SCHIP Extension Act of 2007 (the Act ) amends the Medicare Secondary Payer Act (MSPA), imposing significant new reporting obligations upon insurers and others subject to it. Significantly, if an insurer fails to notify Medicare in accordance with the new reporting guidelines, a civil penalty of $1,000 per day may be assessed per claimant. The new legislation clearly indicates a shift in federal policy that will result in the federal government monitoring recoveries in tort claims more closely to minimize costs to Medicare.

IAIS strengthens supervision of large, multi-national insurance and reinsurance companies

July 2009 On June 17, 2009, President Obama announced a Financial Regulatory Reform U.S. Plan ( U.S. Plan ) which is designed to overhaul the financial regulatory system by, among others, creating a systemic risk regulator, enhancing the roles of existing federal regulators, and creating a consumer protection agency. The U.S. Plan was well received by the National Association of Insurance Commissioners, as well as by several insurance and banking trade groups.

Proposed amendments to NY Regulation 41 (excess lines) and the impact on declination rules and requirements

June 2009 The proposed Eleventh Amendment to New York Insurance Department Regulation 41 (11 N.Y.C.R.R. 27.0 et seq.) would expand New Yorks export list, making it easier to purchase certain coverages that have been largely unavailable in the admitted market by expanding the no declinations rule to those lines of insurance.

New Medicare guidelines impose enhanced reporting duties upon liability insurers and self-insureds, with severe penalties for non-compliance

April 2009 On December 29, 2007, then-President George Bush signed into law the Medicare Medicaid, and SCHIP Extension Act of 2007 (MMSEA). Beginning July 1, 2009, MMSEA amends the Medicare Secondary Payer Act (MSPA), imposing significant new reporting obligations upon insurers and others subject to it for all claims that involve medical costs subject to Medicare.

 
Reported CasesRepresentative Matters: Represented Fortune 500 company in major class action suit. Liaison counsel in large environmental clean-up action in National Priorities List matter. Represented Fortune 500 company in environmental litigation. Represented major insurance companies in complex coverage litigation.
 
ISLN906381661
 

Documents by this lawyer on Martindale.com

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The Rights of an Employee to Object to Working in an Unsafe Situation
Kevin C. Donovan,Barbara Hopkinson Kelly, May 7, 2015
You are a stressed manager facing a critical deadline. Just at this moment an employee - call him Joe - appears before you and says that he is uncomfortable working alongside Sue, a co-worker who has recently informed Joe that she has not been vaccinated against measles. Joe tells you that he has...

New Jersey Supreme Court Rules No Time Bar for Spill Act Contribution Claims
Barbara Hopkinson Kelly,Suna Lee,Erik M. Ortega, March 5, 2015
In a unanimous decision on January 26, 2015, the Supreme Court of New Jersey, in Morristown Associates v. Grant Oil Co., overturned two lower-court decisions and held that the six-year statute of limitations for damage to real property does not apply to Spill Act private contribution claims. The...

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...

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Office Information

Barbara Hopkinson Kelly

200 Campus Drive
Florham ParkNJ 07932-0668




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