NEWARK, N.J. - Plaintiffs involved in an antitrust and racketeering multidistrict litigation case accusing Aetna Inc. of underpaying out-of-network reimbursement claims asked a New Jersey federal court on Sept. 12 to deny the defendant's motion to dismiss the suit, which Aetna had filed just two days after the plaintiffs' filed a motion in support of a $120 million settlement (In Re: Aetna UCR Litigation, Master File No. 07-3541, MDL 2020, D. N.J.).
PHILADELPHIA - The New Jersey residents who lost their appeal against Lockheed Martin for injuries allegedly caused by the company's release of chlorinated solvents at its manufacturing facility in Burlington County, N.J., on Sept. 11 filed a notice of appeal with the Third Circuit U.S. Court of Appeals (Michael Leese, et al. v. Lockheed Martin, et al., No. 11-5091, D. N.J.).
TRENTON, N.J. - The New Jersey federal judge presiding over the Fosamax femur multidistrict litigation on Sept. 10 ordered plaintiffs to show cause why claims involving defendants other than Merck & Co. Inc. should not be remanded to their transferor districts (In Re: Fosamax [Alendronate Sodium] Products Liability Litigation, MDL Docket No. 2243, No. 3:08-8, D. N.J.).
TRENTON, N.J. - A party's liability to others for its own faulty work is a matter of warranty and not of insurance coverage, the Appellate Division of the New Jersey Superior Court said Sept. 10 in affirming that an insurer owes no coverage to its insured for a defective part sold to another company and used to manufacture screws for orthopedic implants (Titanium Industries Inc. v. Federal Insurance Co., No. A-1922-12T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 2208).
NEW YORK - The federal judge in New York presiding over litigation concerning alleged groundwater contamination caused by the gasoline additive methyl tertiary butyl ether (MTBE) on Sept. 3 refused to declassify documents from two research institutions regarding a study investigating the carcinogenic potential of the chemical, finding that the New Jersey Department of Environmental Protection (NJDEP) failed to comply with the terms of two protective orders (In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, MDL 1358, Case No. 00-1898, New Jersey Department of Environmental Protection v. Atlantic Richfield Inc., No. 08 Civ. 312, S.D. N.Y.; 2014 U.S. Dist. LEXIS 123061).
NEWARK, N.J. - In granting a motion to reconsider, a New Jersey federal judge on Aug. 28 held that a health care provider lacked standing to contest an insurer's methods of recouping benefit overpayments under the Employee Retirement Income Security Act for payments previously submitted because his patient-assignors were no longer enrolled in the insurer's plans. The judge also granted the plaintiffs' motion for class certification, subject to correction of deficiencies (Premier Health Center, et al. v. UnitedHealth Group, et al., No. 11-425, D. N.J.; 2014 U.S. Dist. LEXIS 120589).
TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on Aug. 27 upheld the dismissal of a landowner's claims for nuisance and trespass against an oil company whose leaks from underground storage tanks resulted in contamination of a portion of the plaintiff's property, finding that the man agreed to have the company remediate the property (Anthony F. Favorito v. Puritan Oil Company Inc., et al., No. A-3426-12T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. 2109).
NEWARK, N.J. - A New Jersey federal judge on Aug. 26 granted an electronic corporation's motion to dismiss certain claims in a class action complaint filed by purchasers of allegedly defective washing machines but allowed claims for negligent misrepresentation and fraud to proceed (Robert N. Durso, et al. v. Samsung Electronics America Inc., No. 12-cv-5352, D. N.J.; 2014 U.S. Dist. LEXIS 118467).
TRENTON, N.J. - A New Jersey federal judge on Aug. 25 found the methodology used by a purported expert on vehicle damage and diminished value to be unreliable, granting a vehicle manufacturer's motion to strike his testimony in a dispute over a repair settlement agreement (Robert Deficcio, et al. v. Winnebago Industries Inc., No. 3:11-cv-07406, D. N.J.; 2014 U.S. Dist. LEXIS 118082).
TRENTON, N.J. - Although two defendants "persuasively" argued that a method patent is patent-ineligible, a New Jersey federal judge on Aug. 19 nonetheless denied their motion to dismiss without prejudice (Data Distribution Technologies LLC v. BRER Affiliates Inc. et al., No. 12-4878, D. N.J.).
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on Aug. 15 remanded a health insurance breach of contract case to state court, holding that the Employee Retirement Income Security Act did not preempt the claims (Thomas R. Peterson, M.D., et al. v. Cigna Insurance Co., et al., No. 14-03818, D. N.J.; 2014 U.S. Dist. LEXIS 11349).
TRENTON, N.J. - Direct purchasers of ductile iron pipe fittings (DIPF) have adequately pleaded facts suggesting that sellers of DIPF engaged in a price-fixing conspiracy, a federal judge in New Jersey ruled Aug. 13 in denying the sellers' motions to dismiss (In re Ductile Iron Pipe Fittings [DIPF] Direct Purchaser Antitrust Litigation, No. 12-711, D. N.J.; 2014 U.S. Dist. LEXIS 111988).
TRENTON, N.J. - A hotel company on Aug. 14 filed a lawsuit in the U.S. District Court for the District of New Jersey against Exxon Mobil Corp. seeking $1.2 million for damages allegedly caused by Exxon's failure to remediate an environmental hazard that contaminated the property on which the hotels sits and caused the hotel's deal to sell the property to fall through (Rose Hotels Ltd. Inc. v. Exxon Mobil Corporation, No. 14-05111, D. N.J.).
PHILADELPHIA - A New Jersey federal judge properly found that a copyright defendant had knowledge of a company's infringing activities, but she erred in awarding the prevailing plaintiff $4.5 million in damages, the Third Circuit U.S. Court of Appeals held Aug. 6 (Star Pacific Corp. v. Star Atlantic Corp., et al., No. 12-2253, 3rd Cir.).
TRENTON, N.J. - A New Jersey appeals panel on Aug. 4 vacated a $2,125,617 Accutane bowel injury verdict and affirmed defense verdicts in two other cases tried at the same time (Gillian Gaghan v. Hoffman-La Roche Inc., et al., Nos. A-2717-11T2, A-3211-11T2 and A-3217-11T2, N.J. Super., App. Div.).
CAMDEN, N.J. - Norfolk Southern Railway Co. (Norfolk), one of the defendants in the consolidated Paulsboro, N.J., train derailment litigation in the U.S. District Court for the District of New Jersey, on July 29 filed an answer and affirmative defenses denying liability for the spill of vinyl chloride and other chemicals into Mantua Creek (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on July 29 held that the Medicare as a Secondary Payer Act (MSP Act) authorizes the government to seek reimbursement from a settlement a plaintiff receives from a tortfeasor because the funds came from a "primary plan" and that the plaintiff cannot invoke a New Jersey state law to avoid her reimbursement obligations (Cecelia A. Taransky v. Secretary of the U.S. Department of Health and Human Services, et al., No. 13-3483, 3rd Cir.; 2014 U.S. App. LEXIS 14408).
NEWARK, N.J. - New Jersey does not impose liability for third-party asbestos-containing gaskets, packing or insulation applied to a manufacturers' pump, a New Jersey federal judge held July 23 in citing a state appeals court's April decision (William J. Robinson and Gail A. Robinson v. Air & Liquid Systems Corp., et al., No. 11-4078, D. N.J.; 2014 U.S. Dist. LEXIS 99778).