LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Declines To Exclude Expert Testimony In Stock Purchase Fraud Lawsuit

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).

Mealey's Labor & Employment - U.S. Supreme Court Agrees To Hear Demoted Detective's Free Speech Appeal

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.).

Mealey's Insurance - Insured Failed To Plead Insurance Fraud Claim In Bad Faith Suit, Judge Rules

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).

Mealey's Litigation Procedure - Shingle Maker: Request To Certify Discovery Rulings For Appeal 'Frivolous'

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.).

Mealey's PI/Product Liability - Shingle Maker: Request To Certify Discovery Rulings For Appeal 'Frivolous'

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.).

Mealey's Labor & Employment - Macy's Delivery Drivers' Wage Dispute Is Settled For $2.8 Million

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).

Mealey's Banking & Finance - Federal Judge Finds No Valid Agreement, Grants Judgment For Bank

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).

Mealey's Litigation Procedure - Macy's Delivery Drivers' Wage Dispute Is Settled For $2.8 Million

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).

Mealey's IP/Tech - Federal Circuit Reverses Induced Infringement Holding In Patent Case

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).

Mealey's Labor & Employment - Settlement Of Suits Related To Claims Payments Is Reasonable, 3rd Circuit Says

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).

Mealey's PI/Product Liability - Judge Won't Find Bayer In Contempt For Promoting Phillips' Colon Health

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.).

Mealey's Banking & Finance - Federal Judge Finds No Evidence That Lender Made Misrepresentations

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).

Mealey's Insurance - No 'Good Cause' Exists For Delay In Filing Motion, Federal Magistrate Judge Says

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).

Mealey's Banking & Finance - Federal Judge Finds Claims Are Barred By Foreclosure Judgment

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).

Mealey's Insurance - Judge Denies Motion To Dismiss Insurer's Suit Over Rescission Of Firm's Policy

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).

Mealey's Insurance - Magistrate Judge Excludes Testimony On Cause Of Damage During Storm

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).

Mealey's Litigation Procedure - Magistrate Judge Excludes Testimony On Cause Of Damage During Storm

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).

Mealey's Litigation Procedure - Federal Judge Certifies Class In Securities Action Against Insurer, Others

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).

Mealey's Securities/D&O Liability - Federal Judge Certifies Class In Securities Action Against Insurer, Others

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).

Mealey's Securities/D&O Liability - 8th Circuit Substantially Affirms Dismissal Of Securities Law Claims

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).

Mealey's Litigation Procedure - Judge Dismisses Portions Of Class Action Suit Over Allegedly Defective Decking

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.).

Mealey's Toxic Tort/Environmental - New Jersey Judge Orders Purchaser To Pay Taxes On Cartons Of Cigarettes

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).

Mealey's PI/Product Liability - Judge Dismisses Portions Of Class Action Suit Over Allegedly Defective Decking

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.).

Mealey's Labor & Employment - Administrator Required To Disclose Limitations Period In Denial Letter, Panel Says

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).

Mealey's Toxic Tort/Environmental - Panel: State Of New Jersey Must Pay Cleanup Costs In Raritan Bay Lead Case

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.).