Mitchell H. Kizner, a member of the Litigation and Environmental Law Practice Groups, represents clients in insurance, environmental and other commercial matters as part of his active 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 the past five 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”
“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.
Representative Matters
- In 2018, prevailed after seven-day trial on behalf of a petroleum distributor in 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.
Honors & Awards
- Rated AV® Preeminent™ by Martindale-Hubbell
- Named a New Jersey "Super Lawyer," 2005 – 2021, Environmental Law, by Thomson Reuters, publishers of New Jersey Super Lawyers magazine
- Named an Awesome Attorney, Environmental Law, South Jersey Magazine, 2013 - 2014, 2016, 2017, 2019
- Top Attorney List - Environmental Law, SJ Magazine, 2011, 2014, 2016 & 2017
A description of the standard or methodology on which the accolades are based can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Professional Affiliations
- New Jersey State Bar Association
- Former Chair, Environmental Law Section
- Supreme Court of New Jersey
- Former Member, District Ethics Committee
- Cumberland County Bar Association
- Former Chair, Judicial Screening Committee
- Member
Community Activities
- Big Brothers/Big Sisters Association of Cumberland and Salem Counties
- Formerly served as President and Board Member, and now as counsel.
News
- New Jersey Super Lawyers Magazine(March 13, 2020)
- Press Release(December 3, 2019)
- Press Release(March 22, 2019)
- Press Release(March 23, 2018)
- South Jersey Magazine(December 12, 2017)
- Press Release(August 3, 2017)
- Press Release(April 3, 2017)
- South Jersey Magazine(December 2016)
- Press Release(August 19, 2016)
- Press Release(April 6, 2016)
- Press Release(December 15, 2014)
- Press Release(December 5, 2014)
- Press Release(December 1, 2014)
- Press Release(August 1, 2014)
- Press Release(March 13, 2014)
- Press Release(December 23, 2013)
- Press Release(December 12, 2013)
- Press Release(March 14, 2013)
- Press Release(November 29, 2012)
- Press Release(September 17, 2012)
- Press Release(April 23, 2012)
- Press Release(April 11, 2012)
- Press Release(March 22, 2012)
- Press Release(September 6, 2011)
- Press Release(August 3, 2011)
- Press Release(July 28, 2011)
- Press Release(March 28, 2011)
- Press Release(November 3, 2010)
- Vineland Daily Journal(June 19, 2010)
- Press Release(June 1, 2010)
- Press Release(March 22, 2010)
- Press Release(November 4, 2009)
- Press Release(March 24, 2009)
- Press Release(April 16, 2008)
Events
- NJICLE(December 2, 2020)
- NJICLE(October 14, 2020)
- (May 6, 2020)
- NJICLE(December 4, 2019)
- NJICLE(December 6, 2018)
- 2018 NBI Insurance SeminarNational Business Institute(June 7, 2018)
- NJICLE(December 7, 2017)
- National Business Institute(December 1, 2017)
- National Business Institute(August 22, 2017)
- (June 7, 2017)
- 2016 Annual Review of Environmental Law – Case LawNew Jersey State Bar AssociationNew Jersey State Bar Association(December 15, 2016)
- Builders League of South Jersey(October 21, 2015)
- Legal Ethics: Top ChallengesNational Business Institute(December 15, 2014)
- 2014 Annual Review of Environmental LawNJICLE(December 11, 2014)
- NJICLE - Presented in cooperation with the NJSBA Environmental Law Section(December 18, 2013)
- Flaster/Greenberg PC(March 5, 2013)
- Recent Developments in NJ Environmental Case Law, Moderator & SpeakerNJICLE(December 12, 2012)
- Annual Review of Environmental LawNJICLE(December 2012)
- New Jersey State Bar Association Mid-Year Conference(October 10, 2012)
- Recent New Jersey Environmental and Energy LegislationThe New Jersey State Bar Association(April 4, 2012)
- Establishing the Foundation and Understanding Coverage OptionsNBI Insurance Coverage Seminar(September 22, 2011)
- The Mechanics of New Jersey Civil ProcedureNational Business Institute(November 12, 2010)
- Flaster/Greenberg and Roux Associates(November 18, 2009)
- New Jersey State Bar Association Environmental Law Section(May 8, 2008)
Articles & Alerts
- FG Law Blog(March 26, 2020)
- New Jersey Law Journal(January 1, 2018)
- Law360(January 13, 2017)
- NJBA Dimensions(Fall 2015)
- Legal Alert(February 4, 2015)
- New Jersey League of Municipalities(November 2009)
- Legal Alert(August 10, 2009)
- New Site Remediation Reform Act and Public Notice Requirements to Enhance Role of Municipalities in Environmental Remediation ProcessNew Jersey League of Municipalities(March 7, 2005)
- New Jersey Law Journal, vol. CLXXIX, no. 10, index 984(March 7, 2005)
- New Jersey Law Journal, vol. CLXXV, no. 5, index 405(February 2, 2004)
Practice Areas
Industry Groups
Admissions
- New Jersey (Certified Civil Trial Attorney)
- U.S. Supreme Court
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of New Jersey
Education
- Rutgers University School of Law - Camden, J.D., with honors
- Queens College of the City University of New York, B.A., magna cum laude