LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - JPMDL Centralizes Allegedly Defective Decking Suits In New Jersey

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 12 centralized six lawsuits and four tag-along complaints claiming that Elk Cross Timber decking materials manufactured and sold by Building Materials Inc., doing business as GAF Materials Corp., is defective because it prematurely cracks and warps in the U.S. District Court for the District of New Jersey before Judge Jose L. Linares (In re: GAF Elk Cross Timbers Decking Marketing, Sales Practices and Products Liability Litigation, MDL 2577, JPMDL).

Mealey's Toxic Tort/Environmental - CSX: Paulsboro Vinyl Chloride Case Should Be Dismissed; Claims Not Stated

CAMDEN, N.J. - CSX Transportation Inc., a defendant in the consolidated Paulsboro train derailment litigation in the U.S. District Court for the District of New Jersey, on Dec. 4 filed an answer to an amended complaint filed by a plaintiff who had been previously dismissed from the litigation denying all allegations that it is liable for injuries caused by exposure to vinyl chloride. It also argues that the case should be dismissed for failure to state a claim (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Banking & Finance - Federal Judge Finds Action To Set Aside Foreclosure Is Barred

TRENTON, N.J. - After finding that an action to set aside a foreclosure was barred by the entire controversy doctrine, a New Jersey federal judge on Dec. 3 granted a motion filed by several banks to dismiss the case (Tommy Guaba, et al. v. World Savings Bank, FSB, et al., No. 14-2408, D. N.J.; 2014 U.S. Dist. LEXIS 167116).

Mealey's Labor & Employment - Fiduciaries Must Restore $4.69M In Diverted MEWA Plan Assets, Federal Judge Says

CAMDEN. N.J. - A named trustee of a multiemployer welfare arrangement (MEWA) and the marketer of the MEWA breached their fiduciary duties with regard to diverted funds that were plan assets within the meaning of the Employee Retirement Income Security Act, a federal judge in New Jersey ruled on remand from the Third Circuit U.S. Court of Appeals in an opinion filed Dec. 1 (Secretary of Labor v. James Doyle, et al., No. 05-cv-2264, D. N.J.; 2014 U.S. Dist. LEXIS 166354).

Mealey's Toxic Tort/Environmental - U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. - The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals' finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an "act of war" defense against claims seeking reimbursement for cleanup costs of toxic dust caused by the Sept. 11, 2001, attacks on the World Trade Center (WTC) (Cedar & Washington Associates, LLC v. The Port Authority of New York and New Jersey, et al., 14-239, U.S. Sup.).

Mealey's Insurance - U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. - The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals' finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an "act of war" defense against claims seeking reimbursement for cleanup costs of toxic dust caused by the Sept. 11, 2001, attacks on the World Trade Center (WTC) (Cedar & Washington Associates, LLC v. The Port Authority of New York and New Jersey, et al., 14-239, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Parties: Dismissed Plaintiff May File Amended Action

CAMDEN, N.J. - The parties in the consolidated Paulsboro train derailment litigation in the U.S. District Court for the District of New Jersey on Nov. 24 stipulated that a plaintiff who had been dismissed earlier in the litigation could file an amended complaint and name additional defendants (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's IP/Tech - New Jersey Federal Judge Grants Injunction In Patent Case

TRENTON, N.J. - A defendant was enjoined Nov. 21 by a New Jersey federal judge from selling its vehicle-mounted stray voltage detector while patent infringement allegations against it are litigated (Power Survey LLC v. L-3 Communications Holdings Inc., et al., No. 13-5670, D. N.J.; 2014 U.S. Dist. LEXIS 163288).

Mealey's PI/Product Liability - New York Top Court Finds Notice Sufficient For Suit Against Port Authority

NEW YORK - An asbestos widow sufficiently fulfilled the statutory requirements necessary to sue the Port Authority of New York and New Jersey, even though she labeled the notice of claim as one for "personal injury" rather than "wrongful death," the New York Court of Appeals held Nov. 20 (In the Matter of New York City Asbestos Litigation, Mary Andrucki, et al. v. Alcoa Company of America, et al., Port Authority of New York and Jersey, No. 185, N.Y. App.; 2014 N.Y. LEXIS 3216).

Mealey's Litigation Procedure - New York Top Court Finds Notice Sufficient For Suit Against Port Authority

NEW YORK - An asbestos widow sufficiently fulfilled the statutory requirements necessary to sue the Port Authority of New York and New Jersey, even though she labeled the notice of claim as one for "personal injury" rather than "wrongful death," the New York Court of Appeals held Nov. 20 (In the Matter of New York City Asbestos Litigation, Mary Andrucki, et al. v. Alcoa Company of America, et al., Port Authority of New York and Jersey, No. 185, N.Y. App.; 2014 N.Y. LEXIS 3216).

Mealey's Toxic Tort/Environmental - New York Top Court Finds Notice Sufficient For Suit Against Port Authority

NEW YORK - An asbestos widow sufficiently fulfilled the statutory requirements necessary to sue the Port Authority of New York and New Jersey, even though she labeled the notice of claim as one for "personal injury" rather than "wrongful death," the New York Court of Appeals held Nov. 20 (In the Matter of New York City Asbestos Litigation, Mary Andrucki, et al. v. Alcoa Company of America, et al., Port Authority of New York and Jersey, No. 185, N.Y. App.; 2014 N.Y. LEXIS 3216).

Mealey's Toxic Tort/Environmental - New Jersey Panel Vacates Order Allowing Agency To Seize Control Of Landfill

NEWARK, N.J. - A New Jersey appellate panel on Nov. 13 vacated an emergency order entered by the New Jersey Department of Environmental Protection (NJDEP) allowing it to seize operations of a landfill due to its emissions of hydrogen sulfide, after finding that the agency first needed to obtain judicial approval under the Legacy Landfill Law (Strategic Environmental Partners LLC v. new Jersey Department of Environmental Protection, No. A-5283-12T3, N.J. Super., App. Div.; 2014 N.J. Super. LEXIS 152).

Mealey's PI/Product Liability - New Jersey Panel Vacates Commissioner's Decisions To Dismiss Defects Complaint

TRENTON, N.J. - A New Jersey appeals panel on Nov. 14 vacated and remanded the commissioner of the New Jersey Department of Community Affairs' decisions dismissing a condominium homeowners association's complaints about construction defects as untimely, after finding that the commissioner did not properly consider the evidence (Aristocrat Condominium Association v. 48 Street Weehawken LLC, et al., No. A-5437-11T2, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 2683).

Mealey's Toxic Tort/Environmental - Train Derailment Defendant: Injuries, If Any, Were Due To Plaintiffs' Negligence

CAMDEN, N.J. - Norfolk Southern Railway Co. (NSRC), one of the defendants in a lawsuit filed by New Jersey residents who contend that a train derailment resulted in a vinyl chloride spill that caused them injury, on Nov. 12 filed an answer to the allegations in New Jersey federal court, denying liability and arguing that if any plaintiffs were injured, it was the result of their own negligence (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's PI/Product Liability - Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. - A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug (In Re: Reglan Litigation, No. A-2014-13T4, N.J. Super., App. Div.).

Mealey's Bankruptcy - Judge Approves $5.2B Settlement To Remediate Superfund Sites, Uranium Mines

NEW YORK - A federal judge in New York on Nov. 10 adopted a bankruptcy judge's report and recommendation suggesting the final approval of a proposed $5.2 billion settlement that would resolve claims brought by the federal government against Kerr-McGee Corp. and its parent company Anadarko Petroleum Corp. over cleanup of contamination at Superfund sites in Ohio and New Jersey and 50 abandoned uranium mines in the Navajo Nation (In re Tronox Inc. v. Anadarko Petroleum Corp., No. 14-cv-5495, S.D. N.Y.; 2014 U.S. Dist. LEXIS 158767).

Mealey's IP/Tech - Judge Declines To Allow Additional Electronic Discovery In Trademark Case

NEWARK, N.J. - Finding that a defendant's discovery request for an additional search of electronically stored information (ESI) would be duplicative of previous requests, a New Jersey federal judge on Oct. 7 declined to overrule a magistrate's granting of a protective order barring such a search (Koninklijke Philips N.V. v. Hunt Control Systems Inc., No. 2:11-cv-03684, D. N.J.; 2014 U.S. Dist. LEXIS 157793).

Mealey's Toxic Tort/Environmental - Judge Approves $5.2B Settlement To Remediate Superfund Sites, Uranium Mines

NEW YORK - A federal judge in New York on Nov. 10 adopted a bankruptcy judge's report and recommendation suggesting the final approval of a proposed $5.2 billion settlement that would resolve claims brought by the federal government against Kerr-McGee Corp. and its parent company Anadarko Petroleum Corp. over cleanup of contamination at Superfund sites in Ohio and New Jersey and 50 abandoned uranium mines in the Navajo Nation (In re Tronox Inc. v. Anadarko Petroleum Corp., No. 14-cv-5495, S.D. N.Y.; 2014 U.S. Dist. LEXIS 158767).

Mealey's Litigation Procedure - Judge Declines To Allow Additional Electronic Discovery In Trademark Case

NEWARK, N.J. - Finding that a defendant's discovery request for an additional search of electronically stored information (ESI) would be duplicative of previous requests, a New Jersey federal judge on Oct. 7 declined to overrule a magistrate's granting of a protective order barring such a search (Koninklijke Philips N.V. v. Hunt Control Systems Inc., No. 2:11-cv-03684, D. N.J.; 2014 U.S. Dist. LEXIS 157793).

Mealey's Securities/D&O Liability - 3rd Circuit Panel Remands Securities Suit To New Jersey State Court

PHILADELPHIA - A federal district court erred in ruling that a securities lawsuit should not be remanded to state court because no federal question jurisdiction exists over the lawsuit, a Third Circuit U.S. Court of Appeals panel ruled Nov. 10 (Gregg Manning, et al. v. Merrill Lynch Pierce Fenner & Smith, et al., No. 13-3693, 3rd Cir.; 2014 U.S. App. LEXIS 21362).

Mealey's IP/Tech - New Jersey Federal Judge Overrules Magistrate, Says Remand Proper

TRENTON, N.J. - A New Jersey federal judge on Nov. 10 remanded to state court a dispute over wireless audience participation technology that was removed to federal court by the New York Giants and quarterback Eli Manning (Eric Inselberg v. New York Giants, et al., No. 14-1317, D. N.J.).

Mealey's Toxic Tort/Environmental - Residents Dismiss Chlorinated Solvents Injury Case Against Lockheed Martin

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 3 ordered the dismissal of a lawsuit brought by a group of New Jersey residents who claimed that they had been injured as a result of Lockheed Martin's release of chlorinated solvents at the company's plant in Burlington, N.J. (Michael Leese, et al. v. Lockheed Martin, et al., No. 11-5091, D. N.J.).

Mealey's Insurance - Defendant In Bad Faith Suit Not Insurer Under Policy, Judge Rules

NEWARK, N.J. - Dismissal of an insurance breach of contract and bad faith lawsuit is proper because an insured failed to show that the defendant was the insurer on her property insurance policy, a federal judge in New Jersey ruled Oct. 27 (Elaine Klein v. Hanover Insurance Co., No. 14-1055, D. N.J.; 2014 U.S. Dist. LEXIS 152407).

Mealey's Toxic Tort/Environmental - Paulsboro Derailment Attorney: Leaked Email Not Protected, Sanctions 'Baseless'

CAMDEN, N.J. - The attorney for a group of plaintiffs in the lawsuit brought by New Jersey residents seeking $10 million in punitive damages for vinyl chloride contamination allegedly caused by the derailment of a train carrying the chemical in Paulsboro, N.J., on Oct. 28 sent a letter to the judge presiding over the case saying the railroad defendants' attempt to impose a "gag" order on all plaintiffs' attorneys, as well as sanctions on him for releasing publicly a document obtained in discovery, is "baseless and hypocritical" (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Litigation Procedure - Pasta Company Settles Labeling Class Claims For $7.9 Million

TRENTON, N.J. - A New Jersey federal judge on Oct. 20 granted final approval of a $7.9 million settlement that will end a class complaint accusing a pasta company of deceptively labeling its products as a healthy alternative to traditional pasta (Joseph Mirakay, et al. v. Dakota Growers Pasta Company, Inc., et al., No. 13-4429, D. N.J.; 2014 U.S. Dist. LEXIS 148694).