TRENTON, N.J. - A New Jersey federal judge on Sept. 29 denied several motions by the secretary of the Labor to exclude expert testimony in a lawsuit alleging fraudulent activity in the purchase of an employee stock ownership plan (ESOP) (Thomas E. Perez, Secretary of Labor, et al. v. First Bankers Trust Services, Inc., et al., No. 12-4450, D. N.J.; 2015 U.S. Dist. LEXIS 130749).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 granted a petition for writ of certiorari filed by a police detective after the Third Circuit U.S. Court of Appeals determined earlier this year that he failed to prove his case claiming that he was demoted in violation of the First Amendment to the U.S. Constitution after he was perceived as being involved in a political campaign (Jeffrey J. Heffernan v. City of Paterson, New Jersey, et al., No. 14-1280, U.S. Sup.).
CAMDEN, N.J. - Although an insured has added necessary additional factual allegations in his insurance bad faith complaint to support most of his claims against his homeowners insurance provider, he has failed to state a plausible claim for violation of a state law consumer fraud protection law, a federal judge in New Jersey ruled Sept. 29 (Steven Breitman v. National Surety Corp., No. 14-7843, D. N.J.; 2015 U.S. Dist. LEXIS 130744).
TRENTON, N.J. - Shingle manufacturer Maibec Inc. says in an opposition brief filed Sept. 29 in New Jersey federal court that a request to certify two discovery rulings for appeal filed by plaintiffs who claim the shingles are defective is frivolous and worthy of sanctions because the decisions did not absolve the company from producing electronically stored information (ESI) and allow discovery from a retained expert (Ilene Stern, et al. v. Maibec Inc., No. 11-3951, D. N.J.).
NEWARK, N.J. - A New Jersey federal judge on Sept. 25 granted approval of a $2.8 million settlement in a class complaint brought by independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and HomeDeliveryLink Inc. (Henry Badia, et al. v. HomeDeliveryLink, Inc., et al., Nos. 12-6920 and 12-7097, D. N.J.; 2015 U.S. Dist. LEXIS 129033).
TRENTON, N.J. - After finding that a borrower failed to provide any evidence that she entered into a loan modification, a New Jersey federal judge on Sept. 28 granted summary judgment on her claims in favor of a loan servicing company (Mary Angers v. Pennymac Loan Services LLC, No. 14-4701, D. N.J.; 2015 U.S. Dist. LEXIS 129752).
WASHINGTON, D.C. - Although affirming a New Jersey federal judge's determination that three asserted patents are not obvious, the Federal Circuit U.S. Court of Appeals on Sept. 24 reversed a judgment that a defendant induced infringement of various compound claims of the same patents (Shire LLC v. Amneal Pharmaceuticals LLC et al., Nos. 2014-1736, -1737, -1738, -1739, -1740, -1741, Fed. Cir.; 2015 U.S. App. LEXIS 16908).
PHILADELPHIA - A district court did not err in approving a settlement related to two class action lawsuits alleging that a health insurer's use of two claims databases resulted in the underpayment of health care services because the settlement is fair and reasonable, the Third Circuit U.S. Court of Appeals said Sept. 23 (Cathleen McDonough, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. 14-3558, 3rd Cir.; 2015 U.S. App. LEXIS 16841).
NEWARK, N.J. - A New Jersey federal judge on Sept. 24 denied the federal government's motion to find Bayer Corp. in contempt for violating a 2007 contempt decree by promoting Phillips' Colon Health for treating gastrointestinal problems without having "competent and reliable scientific evidence" to back up its claim (United States of America v. Bayer Corporation, No. 07-1, D. N.J.).
CAMDEN, N.J. - After finding that a borrower failed to present any new allegations and that he failed to show that a lender made material misrepresentations about a mortgage, a New Jersey federal judge on Sept. 18 refused to grant his motion for preliminary injunction preventing foreclosure (Antonio McCoy v. Mortgage Service Center, No. 14-3643, D. N.J.; 2015 U.S. Dist. LEXIS 124915).
TRENTON, N.J. - Because insureds seeking coverage for an underlying environmental contamination suit failed to show why a counterclaim could not be amended prior to the court's deadline to amend any pleadings, a New Jersey federal judge on Sept. 15 denied the insureds' motion to amend a counterclaim (Indian Harbor Insurance Co. v. NL Environmental Management Services Inc., et al., No. 13-1889, D. N.J.; 2015 U.S. Dist. LEXIS 122603).
TRENTON, N.J. - A New Jersey federal judge on Sept. 14 granted a motion filed by several banks to dismiss numerous claims asserted against them by a former property owner, finding that all of her claims were barred by a previous foreclosure case and that granting her leave to amend would be futile (Anna Maria Mannarino v. Deutsche Bank National Trust Co., as trustee for Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NCS, No. 14-7771, D. N.J.; 2015 U.S. Dist. LEXIS 121903).
NEWARK, N.J. - A federal judge in New Jersey on Sept. 11 denied a law firm's motion to dismiss an insurance company's policy seeking confirmation of its decision to rescind a professional liability policy issued to the firm, ruling that the insurer adequately alleged that the firm could have made a material misrepresentation on its application for the policy (Wesco Insurance Company v. Luretha M. Stribling LLC, et al., No. 15-3594, D. N.J.; 2015 U.S. Dist. LEXIS 121185).
TRENTON, N.J. - A homeowner failed to show that his expert has "good grounds" for his testimony of damages sustained to a home during Superstorm Sandy, a New Jersey federal magistrate judge ruled Sept. 3, excluding the expert's testimony to the extent that he opines on the cause of the damage to the property (Christopher Wehman v. State Farm Fire and Casualty Co., No. 14-1416, D. N.J.; 2015 U.S. Dist. LEXIS 117445).
NEWARK, N.J. - A federal judge in New Jersey on Aug. 31 granted a motion filed by lead plaintiffs in a securities class action lawsuit to certify a class of shareholders, ruling that the lead plaintiffs have shown that the instant action meets all statutory requirements for a class action lawsuit (City of Sterling Heights General Employees' Retirement System v. Prudential Financial Inc., No. 12-5275, D. N.J.; 2015 U.S. Dist. LEXIS 115287).
ST. LOUIS - A federal district court did not err in dismissing a number of claims in a securities fraud lawsuit because those claims were not timely filed, but it did err in dismissing a claim under New Jersey law, as that claim was timely filed, an Eighth Circuit U.S. Court of Appeals panel ruled Sept. 1 (Herschel Zarecor, et al. v. Morgan Keegan & Co. Inc., No. 13-3315, 8th Cir.; 2015 U.S. App. LEXIS 15555).
CAMDEN, N.J. - A federal judge in New Jersey on Aug. 26 dismissed without prejudice some claims brought by a couple claiming that TimberTech XML brand decking material is prone to premature discoloration and fading and denied as premature CPG International LLC's motion to strike class allegations (John M. Peruto, et al. v. TimberTech Ltd., et al., No. 15-2166, D. N.J.).
TRENTON, N.J. - A New Jersey tax judge on Aug. 26 granted a motion for summary judgment filed by a director of the division of taxation, finding that a New Jersey resident was liable for paying taxes on cigarettes he purchased from an Internet vendor (Kenneth Hudacko v. Director, Division of Taxation, No. 015082-2014, N.J. Tax; 2015 N.J. Tax Unpub. LEXIS 70).
PHILADELPHIA - A plan administrator's failure to notify a claimant in its denial letter of the health plan's one-year limitations period for filing suit is a violation of the requirements of the Employee Retirement Income Security Act, and as a result, New Jersey's six-year limitations period must be applied to the claimant's suit, the Third Circuit U.S. Court of Appeals said Aug. 26 in vacating a District Court's finding that the claimant's suit was time-barred (Dr. Neville M. Mirza M.D. et al. v. Insurance Administrator of America Inc. et al., No. 13-3535, 3rd Cir.; 2015 U.S. App. LEXIS 15068).
TRENTON, N.J. - A New Jersey appellate panel on Aug. 26 affirmed a trial court, which held that the State of New Jersey must pay NL Industries Inc. cleanup costs associated with the $79 million remediation of lead contamination at the Raritan Bay Slag (RBS) site (NL Industries Inc. v. State of New Jersey, No. A-0869-14T3, N.J. Super, App. Div.).