Mitchell Kizner

Career

Mitchell H. Kizner, a member of the Environmental Law and Litigation Practice Groups, represents clients in insurance, environmental and other commercial matters as part of his active environmental, litigation and commercial law practice. Having represented defendants in personal injury matters for more than 10 years prior to joining Flaster Greenberg, he also represents self-insured corporate defendants in such suits. He is certified by the New Jersey Supreme Court as a Certified Civil Trial Attorney and has also served as General Counsel to the firm since 2006.

A frequent author of environmental law articles published in periodicals such as the New Jersey Law Journal, his past articles have included “No Further Action Letter May Be Unreliable” and “New Site Remediation Reform Act and Public Notice Requirements to Enhance the Role of Municipalities in Environmental Remediation Process.”

For more than ten years, Mr. Kizner has served as moderator and lecturer at the Annual Review of New Jersey Environmental Law presented by the Institute for Continuing Legal Education. He has also been a frequent guest lecturer for bar associations and business organizations where he has presented seminars such as "Insurance Coverage Litigation," “Recent Amendments to New Jersey Spill Compensation and Control Act,” and “Natural Resource Damages.”

He has also served as Solicitor to the Cumberland County Vocational Board of Education since 1995 and has been Special Environmental Counsel to the Borough of Woodbine since 1991.

Professional Memberships

New Jersey State Bar Association

Supreme Court of New Jersey

Cumberland County Bar Association

Work Highlights

In 2018, prevailed after seven-day trial on behalf of a petroleum distributor in a New Jersey Spill Act case, successfully defending client against claims of environmental contamination spanning 35 years.

Recovered tens of millions of dollars in various environmental insurance coverage actions for owners and operators of contaminated sites.

Obtained an award of over $6.5 million after a nine-day trial in 2014 against a senior executive for failure to adequately assess liabilities during the sale of the company.

Obtained millions of dollars in insurance coverage under the “Rova Farms” doctrine for a physician whose malpractice carrier refused to settle a suit against a doctor within the policy limits.

Obtained a dismissal of his corporate client in 2020, without any payment being made to Plaintiff, in a suit alleging injury and death from exposure to asbestos

Obtained a no cause of action in a jury suit alleging environmental discharge by an environmental contractor and then recovered expert expenses and all counsel fees under the New Jersey "Frivolous Lawsuit Statute" Weed v. Casie EnterpriseA-2554-93, 279 N.J. Super. 517 (App. Div. 1995).

Assisted a client in the purchase of contaminated property in Winslow Township from a bank for a fraction of its value, and then assisted the client in arrangements for a low-cost clean-up of the property.

Has on various occasions successfully defended and pursued legal actions against environmental consultants where negligence and other wrongdoing were alleged.

As long-time Solicitor for the Cumberland County Board of Vocational Education, he is thoroughly familiar with the New Jersey public bidding statutes and has counseled various clients as to their requirements.

Education