NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on June 8 declined to grant a plaintiff a preliminary injunction in a wrongful denial of benefits suit (Anonymous Oxford Health Plan Member v. Oxford Health Insurance Inc., et al., No. 12-2367, D. N.J.; 2012 U.S. Dist. LEXIS 80117).
TRENTON, N.J. - A pollution exclusion in an insolvent insurer's policy precludes coverage for an insured's liability for contamination because the insured had "already" and "finally" delivered oil before the contamination occurred, a New Jersey appeals panel ruled June 8 (Spartan Oil Co. v. New Jersey Property-Liability Insurance Guaranty Association, et al., No. A-5156-10T2, N.J. Super., App. Div.; 2012 N.J. Super. Unpub. LEXIS 1290).
NEWARK, N.J. - The judge presiding over six putative class actions in the U.S. District Court for the District of New Jersey seeking damages for injuries to pets from topical flea and tick treatments denied without prejudice defense motions to dismiss in an order issued June 5 and ordered the parties to file briefs addressing choice of law and class certification (Aundria Arlandson, et al. v. Hartz Mountain Corp., et al., No. 10-1050 (consolidated), D. N.J.).Subscribers may view the order available within the full update.
NEWARK, N.J. - Saying that a patent owner and declaratory judgment defendant failed to demonstrate a genuine dispute as to any material fact on the issue of whether it provided constructive notice, nor dispute that it failed to mark its claimed invention, a New Jersey federal judge on June 4 granted partial summary judgment (Bed Bath & Beyond Inc. v. Sears Brands LLC, No. 08-5839, D. N.J.; 2012 U.S. Dist. LEXIS 76849).
TRENTON, N.J. - A New Jersey state appeals court panel on June 1 said defendants in the state's vaginal sling litigation can retain treating physicians as experts as long as they aren't used against current or former patients (In Re Pelvic Mesh/Gynecare Litigation, No. A-5685-10T4, N.J. Super. App.; 2012 N.J. Super. LEXIS 88).
NEWARK, N.J. - Rescinding an insurance policy issued to a homeowner, a New Jersey federal judge on June 1 granted summary judgment to insurance brokers on claims for reformation and violation of the New Jersey Consumer Fraud Act (CFA) (Ace European Group and Certain Underwriters at Lloyds of London subscribing to policy number AIH-17555 v. Katrina Sappe v. Jerome Davenport and Coe Insurance Agency Inc., No. 08-412, D. N.J.; 2012 U.S. Dist. LEXIS 77240).
TRENTON, N.J. - A shareholder has failed to show that a federal judge in New Jersey committed a clear error of law in determining that an executive officer of Johnson & Johnson (J&J) may not be held liable for violations of Section 20(a) of the Securities Exchange Act of 1934 because the judge did not require the shareholder to plead culpable participation, the judge ruled May 22 in rejecting the shareholder's motion to reconsider a previous ruling (Ronald Monk, et al. v. Johnson & Johnson, et al., No. 10-4841, D. N.J.). Subscribers may view the opinion available within the full update.
NEWARK, N.J. - An attempt by the New York City Housing Authority (NYCHA) to recoup $500 million from Chapter 11 debtor G-I Holdings Inc. for abatement of asbestos property damage is not limited to just vinyl asbestos floor tile claims as G-I had argued but includes claims involving other asbestos-containing products, a New Jersey federal bankruptcy judge held May 17 in clarifying a previous ruling (In re: G-I Holdings, Inc., et al., (f/k/a GAF Corporation), Nos. 01-30135 and 01-38790, D. N.J. Bkcy.; 2012 Bankr. LEXIS 2213). A complimentary copy of the opinion is attached below.
LOS ANGELES - New Jersey's statute of repose does not bar an asbestos suit against a premises owner, but an employer owes no duty of care to prevent household exposure to asbestos from its employees, a California appeals court held May 21 (Mary Campbell v. Ford Motor Co., No. B221322, Calif. App., 2nd Dist., Div. 7). Subscribers may view the opinion available within the full update.
TRENTON, N.J. - A federal judge in New Jersey on May 14 denied defendants' motion for judgment on the pleadings in a securities fraud class action lawsuit against a drug maker and certain of its executive officers and directors for alleged federal securities law violations because the defendants' argument that investors were fully aware of all of the defendants' actions at some earlier date "misses the point" (Alaska Electrical Pension Fund, et al. v. Pharmacia Corp., et al., No. 03-1519, D. N.J.; 2012 U.S. Dist. LEXIS 67266).
PHOENIX - Various activities that a plaintiff says demonstrate a pattern of racketeering undertaken by its former marketing partner are merely "part of a single alleged extortion scheme," a New Jersey federal judge ruled May 10, and not sufficient evidence of racketeering under the Racketeer Influenced and Corrupt Organizations Act (Aviva USA Corp., et al. v. Anil Vazirani, et al., No. 11-0369, D. Ariz.; 2012 U.S. Dist. LEXIS 65448).
NEW BRUNSWICK, N.J. - A New Jersey judge overseeing the state's Aredia/Zometa mass tort litigation on May 11 denied reconsideration of her ruling applying Virginia's two-year statute of limitations to a plaintiff's claim that he developed osteonecrosis of the jaw (ONJ) after being injected with Zometa (In Re: Zometa/Aredia, No. 278, Charles Irby v. Novartis Pharmaceuticals Corp., No. MID-L-1815-08 MT, N.J. Super., Middlesex Co.). Subscribers may view the opinion available within the full update.
CAMDEN, N.J. - In a suit in which a plaintiff says Bank of America N.A.'s failure to update his address caused him to wrongfully incur a late credit card charge, a federal judge in New Jersey on May 11 granted the bank's motion to dismiss because the plaintiff failed to allege the required steps for a Fair Credit Reporting Act (FCRA) claim, but she gave the plaintiff leave to file an amended complaint before she will remand the case to state court to decide a remaining claim (Thomas Annecharico v. Bank of America, N.A., No. 11-06508, D. N.J.; 2012 U.S. Dist. LEXIS 67003).
TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on May 9 agreed that a Celgene Corp. sales manager's claim of retaliation under New Jersey law was barred by the statute of limitations and was not tolled by an almost identical lawsuit pending in a Texas state court (David Schmidt v. Celgene Corporation, et al., No. A-2685-10T2, N.J. Super., App. Div.). Subscribers may view the opinion available within the full update.
NEWARK, N.J. - A magistrate judge in New Jersey on May 7 recommended the denial of summary judgment to an insurance broker regarding negligence, misrepresentation, breach of contract and breach of fiduciary duty claims because a release agreement between the broker and an insured claimant is unclear and ambiguous (New Community Corp. v. Arthur J. Gallagher Risk Management Services Inc., et al., No. 10-3208, D. N.J.; 2012 U.S. Dist. LEXIS 64051).
NEWARK, N.J. - A Florida federal judge on May 8 declined to dismiss counterclaims brought by an insurance company against chiropractors in a billing dispute and also affirmed a magistrate judge's decision to deny the plaintiffs' request to file a second amended complaint to address their post-auditing practice claims (Association of New Jersey Chiropractors, et al. v. Aetna Inc., No. 09-3761, D. N.J.). Subscribers may view the opinion available within the full update.
TRENTON, N.J. - A federal judge in New Jersey on April 30 dismissed a Clean Water Act (CWA) lawsuit filed by two environmental groups after finding that he lacked jurisdiction over the case because the administrator of the U.S. Environmental Protection Agency has discretion over deciding whether a number municipalities in New Jersey violated permits over storm water discharges (Delaware Riverkeeper Network, et al. v. United States Department of Environmental Protection, et al., No. 11-04302, D. N.J.; 2012 U.S. Dist. LEXIS 59888).
NEWARK, N.J. - Drug wholesaler McKesson Corp. has agreed to pay more than $190 million to settle allegations that it reported inflated drug prices and caused federal health care programs to overpay for drugs, the U.S. Attorney's Office for the District of New Jersey reported April 26 (United States ex rel. David Morgan v. Express Scripts, Inc., et al., No. 05-1714, D. N.J.). Subscribers may view the settlement agreement available within the full update.
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on April 24 dismissed a putative class action case against a health insurer, saying the plaintiff failed to state a cause of action because the actions taken by the defendant in seeking repayment of money for services provided failed to implicate the Employment Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq. (TR13 Enterprises v. Aetna Inc., et al., No. 11-3021, D. N.J.; 2012 U.S. Dist. LEXIS 57158).
NEWARK, N.J. - The American Civil Liberties Union of New Jersey announced April 23 that a settlement has been approved in the federal class action lawsuit accusing Passaic County, N.J., of unconstitutional and inhumane conditions at the Passaic County Jail (Angel Colon, et al. v. Passaic County, et al., No. 08-4439, D. N.J.). See prior history, 2009 U.S. Dist. LEXIS 45151.
CAMDEN, N.J. - A federal judge in New Jersey on April 19 denied TD Bank N.A.'s motion to dismiss a putative class action in which the plaintiffs allege that the bank committed unlawful banking practices by automatically registering customers in its overdraft protection program, concurring with a multidistrict litigation finding in a similar case that the plaintiffs have plausibly pleaded facts that state a claim for relief (Hughes, et al. v. TD Bank, N.A., No. 11-07257, D. N.J.; 2012 U.S. Dist. LEXIS 54765).
TRENTON, N.J. - Four insurers are not liable for an estate-planning investment entity insured's more than $16 million in alleged losses stemming from the insured's investment in the Bernard L. Madoff Investment Securities (BLMIS) Ponzi scheme, a New Jersey appeals panel affirmed April 20 (Bleznak Black LLC v. Allied World National Assurance Co., et al., No. A-6107-09T2, N.J. Super., App. Div.). See related prior history, 2012 N.J. Super. Unpub. LEXIS 879
TRENTON, N.J. - Finding in an unpublished opinion that a liquidator's disallowing of $35 million of asbestos-related contingent claims was not arbitrary or capricious, a New Jersey appellate panel on April 18 affirmed a lower court decision upholding the liquidator's ruling (In The Matter Of The Liquidation Of Integrity Insurance Company / The Defendant Class / Robert A. Keasbey Company, No. A-4769-10T1, N.J. Super., App. Div.; 2012 N.J. Super. Unpub. LEXIS 863).
NEWARK, N.J. - Finding that a settlement agreement between shareholders and directors and officers of Medco Health Solutions Inc. was fair, adequate and reasonable, a federal judge in New Jersey on April 18 granted a motion to approve the settlement agreement in an unpublished opinion (Louisiana Municipal Police Employees' Retirement System v. Medco Health Solutions, Inc., et al., No. 11-cv-4211, D. N.J.).
ATLANTIC CITY, N.J. - A New Jersey state court jury on April 18 found that the osteoporosis drug Fosamax did not cause a plaintiff's osteonecrosis of the jaw (ONJ) (Jo Ann Sessner v. Merck, Sharpe & Dohme, Inc., No. ATL-L-3394-11-MT, N.J. Super., Atlantic Co.). Subscribers may view the verdict available within the full update.