Mealey's Litigation Procedure - Asbestos Fraud Defendants Want N.J. Court To Weigh In On Litigation Privilege

NEWARK, N.J. - A Third Circuit U.S. Court of Appeals panel should grant rehearing in a case alleging fraud in asbestos-tainted talc litigation so that the New Jersey Supreme Court can weigh in on the scope of the state's litigation privilege, two defendants argue in a pair of Oct. 1 briefs (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 13-1089, 3rd Cir.).

Mealey's Toxic Tort/Environmental - Asbestos Fraud Defendants Want N.J. Court To Weigh In On Litigation Privilege

NEWARK, N.J. - A Third Circuit U.S. Court of Appeals panel should grant rehearing in a case alleging fraud in asbestos-tainted talc litigation so that the New Jersey Supreme Court can weigh in on the scope of the state's litigation privilege, two defendants argue in a pair of Oct. 1 briefs (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 13-1089, 3rd Cir.).

Mealey's Toxic Tort/Environmental - Magistrate Judge Denies Motion To Bifurcate Proceedings In RCRA Lawsuit

TRENTON, N.J. - A federal magistrate judge in New Jersey on Sept. 30 denied NL Industries Inc. and NL Environmental Management Services Inc.'s motion to bifurcate proceedings in a Resource Conservation and Recovery Act (RCRA) lawsuit, ruling that the defendant companies failed to show how they would be prejudiced if the proceedings were not held in stages (Raritan Baykeeper Inc., et al. v. NL Industries Inc., No. 09-4117, D. N.J.; 2014 U.S. Dist. LEXIS 137702).

Mealey's Insurance - Federal Judge Partially Grants Motion To Dismiss In Medicare Anti-Kickback Case

CAMDEN, N.J. - A federal judge in New Jersey on Sept. 29 dismissed federal False Claims Act (FCA) claims that predated March 4, 2005, as barred by the statute of limitations, but otherwise declined to dismiss the qui tam Medicare dispute (United States of America, ex rel. Marc Silver, et al. v. Omnicare Inc., et al., No 11-1326, D. N.J.; 2014 U.S. Dist. LEXIS 136800).

Mealey's Health Law - Federal Judge Partially Grants Motion To Dismiss In Medicare Anti-Kickback Case

CAMDEN, N.J. - A federal judge in New Jersey on Sept. 29 dismissed federal False Claims Act (FCA) claims that predated March 4, 2005, as barred by the statute of limitations, but otherwise declined to dismiss the qui tam Medicare dispute (United States of America, ex rel. Marc Silver, et al. v. Omnicare Inc., et al., No 11-1326, D. N.J.; 2014 U.S. Dist. LEXIS 136800).

Mealey's Labor & Employment - Durand Glass Workers Granted Conditional Certification In Overtime Suit

CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 granted a motion filed by current and former employees of Durand Glass Manufacturing Co. who are seeking unpaid overtime and wages for conditional certification for a collective action pursuant to the Fair Labor Standards Act (FLSA) but denied a motion for class certification pursuant to Federal Rule of Civil Procedure 23 regarding their New Jersey state law wage claims (Cindy Bobryk, et al. v. Durand Glass Manufacturing Company, Inc., No. 12-5360, D. N.J.; 2014 U.S. Dist. LEXIS 137168).

Mealey's Litigation Procedure - Durand Glass Workers Granted Conditional Certification In Overtime Suit

CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 granted a motion filed by current and former employees of Durand Glass Manufacturing Co. who are seeking unpaid overtime and wages for conditional certification for a collective action pursuant to the Fair Labor Standards Act (FLSA) but denied a motion for class certification pursuant to Federal Rule of Civil Procedure 23 regarding their New Jersey state law wage claims (Cindy Bobryk, et al. v. Durand Glass Manufacturing Company, Inc., No. 12-5360, D. N.J.; 2014 U.S. Dist. LEXIS 137168).

Mealey's PI/Product Liability - Wal-Mart Tells N.J. Court Actor's Injuries Caused By Failure to Use Seat Belts

TRENTON, N.J. - Actor-comedian Tracy Morgan's injuries in an accident involving a truck driven by an employee of Wal-Mart Stores Inc. are the result of his failure to wear a seat belt, Wal-Mart argued Sept. 29 in an answer to Morgan's personal-injury complaint in the U.S. District Court for the District of New Jersey (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).

Mealey's Litigation Procedure - Retired NFL Players' Suit Over Image Use Transferred To Minnesota Federal Court

CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 agreed to transfer a class complaint filed by retired National Football League (NFL) players seeking compensation for each time their images are shown in NFL films to the U.S. District Court for the District of Minnesota where one similar case has already been filed and two others have been transferred (Curley Culp, et al. v. NFL Productions LLC, d/b/a NFL Films, et al., No. 13-7815, D. N.J.; 2014 U.S. Dist. LEXIS 137172).

Mealey's Insurance - Judge Allows Evidence Of Noneconomic Damages In Denial Of Benefits Trial

TRENTON, N.J. - In an unpublished opinion, a federal judge in New Jersey on Sept. 24 granted a plaintiff's motion in limine, which will allow her to introduce evidence of noneconomic damages at trial in her case alleging that a health insurer was negligent when it delayed approval of health benefits for her husband, who later died after not receiving timely treatment (Linda S. Skelcy v. UnitedHealth Group Inc., et al., No. 12-1014, D. N.J.; 2014 U.S. Dist. LEXIS 134631).

Mealey's Health Law - Judge Allows Evidence Of Noneconomic Damages In Denial Of Benefits Trial

TRENTON, N.J. - In an unpublished opinion, a federal judge in New Jersey on Sept. 24 granted a plaintiff's motion in limine, which will allow her to introduce evidence of noneconomic damages at trial in her case alleging that a health insurer was negligent when it delayed approval of health benefits for her husband, who later died after not receiving timely treatment (Linda S. Skelcy v. UnitedHealth Group Inc., et al., No. 12-1014, D. N.J.; 2014 U.S. Dist. LEXIS 134631).

Mealey's Insurance - Federal Judge Allows Breach Of Contract Claim To Proceed In Superstorm Sandy Suit

CAMDEN, N.J. - A breach of contract complaint establishes facts sufficient enough to raise a reasonable expectation that discovery will reveal evidence showing that a condominium association insured's claimed damage was structural and should have been covered under its standard flood insurance policy (SFIP), a New Jersey federal judge ruled Sept. 22, denying the insurer's motion to dismiss (Jefferson Beach House Condominium Association v. Harleysville Insurance Company Of New Jersey, No. 13-6480 [NLH/KMW], D. N.J.; 2014 U.S. Dist. LEXIS 132381).

Mealey's Toxic Tort/Environmental - Lawmaker Asks U.S. Attorney To Pursue Criminal Charges In Paulsboro Chemical Spill

TRENTON, N.J. - A New Jersey legislator on Sept. 23 sent a letter to the U.S. attorney for the District of New Jersey calling for review of the official report of the National Transportation Safety Board (NTSB) as part of an investigation into potential criminal conduct related to a spill of vinyl chloride and other chemicals that occurred when a train derailed while crossing the bridge over Mantua Creek in Paulsboro, N.J., in 2012 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Plaintiffs Seek $10 Million In Punitive Damages

CAMDEN, N.J. - New Jersey residents seeking damages for vinyl chloride contamination allegedly caused by the derailment of a train carrying the chemical in Paulsboro, N.J., on Sept. 23 filed their third amended complaint, seeking punitive damages of $10 million (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

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.).

Mealey's Litigation Procedure - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

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.).

Mealey's Labor & Employment - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

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.).

Mealey's Antitrust/Unfair Competition - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

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.).

Mealey's Health Law - Plaintiffs In Reimbursement MDL Oppose Dismissal Of Complaint, Support Amendment

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.).

Mealey's Toxic Tort/Environmental - Residents Appeal Toxic Tort Ruling In Favor Of Lockheed Martin To 3rd Circuit

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.).

Mealey's PI/Product Liability - Fosamax Femur MDL Court Wants To Remand Cases Involving Non-Merck Defendants

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.).

Mealey's Insurance - No Coverage For Defective Part Sold To Orthopedic Implant Manufacturer, Panel Says

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).

Mealey's Litigation Procedure - MTBE MDL Judge Refuses To Declassify MTBE Study Documents

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).

Mealey's Toxic Tort/Environmental - MTBE MDL Judge Refuses To Declassify MTBE Study Documents

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).

Mealey's Health Law - N.J. Federal Judge Finds 1 Plaintiff Lacks Standing, Grants Class Status

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).