LexisNexis® Legal Newsroom
Mealey's Insurance - New Jersey Top Court: Bad Faith Claim Barred Under Principle Of Res Judicata

TRENTON, N.J. - An insured's bad faith claim against his insurer is barred by the principle of res judicata because a trial court properly litigated in a previous lawsuit, the New Jersey Supreme Court ruled Feb. 18 (Kwabena Wadeer, et al. v. New Jersey Manufacturers Insurance Co., No. A-54 September Term 2012; 2015 N.J. LEXIS 132).

Mealey's IP/Tech - New Jersey Federal Judge Won't Reconsider Relief In Patent Case

TRENTON, N.J. - A New Jersey federal judge on Feb. 18 denied reconsideration of an earlier decision to grant a patent infringement plaintiff a preliminary injunction (Power Survey LLC v. Premier Utility Services LLC, et al., No. 13-5670, D. N.J.; 2015 U.S. Dist. LEXIS 19139).

Mealey's Insurance - N.J. High Court: Insurer's Rejection Of Arbitration Award 'Fairly Debatable'

TRENTON, N.J. - An insurer's rejection of an arbitration award in an uninsured motorist action was "fairly debatable," barring an insured's claim for insurance bad faith, the New Jersey Supreme Court ruled Feb. 18 (Augustine W. Badiali v. New Jersey Manufacturing Insurance Group, No. A-48 September Term, 2012, 071931, N.J. Sup.; 2015 N.J. LEXIS 133).

Mealey's Insurance - Judge: Issues Exist On Whether Insurer Breached Its Contract By Denying Claim

CAMDEN, N.J. - Questions of fact exist as to whether an insurer breached its contract by denying coverage for water damage sustained by homeowners, a New Jersey federal judge ruled Feb. 18; however, the judge granted summary judgment on the homeowners' bad faith claim (Joseph Dooley and Elizabeth Dooley v. Scottsdale Insurance Co., No. 12-1838, D. N.J.; 2015 U.S. Dist. LEXIS 19140).

Mealey's PI/Product Liability - Truck Driver Asks New Jersey Federal Judge To Reconsider Intervention In Auto Suit

TRENTON, N.J. - The driver of a tractor-trailer owned by Wal-Mart Stores Inc. that struck a limousine in which actor-comedian Tracy Morgan was riding asked a federal judge in New Jersey on Feb. 16 to reverse a federal magistrate judge's ruling that he is not entitled to intervene in a suit by Morgan and others who were injured in the accident (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).

Mealey's PI/Product Liability - Railroad Companies: Chemical Spill Plaintiffs Cannot Meet Pleading Standard

CAMDEN, N.J. - The railroad company defendants sued by a New Jersey school district and borough for $5,865,339 in damages for a chemical spill that was the result of a train derailment on Feb. 10 filed a brief in federal court arguing that "the remote and speculative" damages sought cannot satisfy New Jersey's "particularized foreseeability" standard (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Toxic Tort/Environmental - Railroad Companies: Chemical Spill Plaintiffs Cannot Meet Pleading Standard

CAMDEN, N.J. - The railroad company defendants sued by a New Jersey school district and borough for $5,865,339 in damages for a chemical spill that was the result of a train derailment on Feb. 10 filed a brief in federal court arguing that "the remote and speculative" damages sought cannot satisfy New Jersey's "particularized foreseeability" standard (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Litigation Procedure - Class Suit Over Faulty Viking Refrigerators Tossed By N.J. Federal Judge

NEWARK, N.J. - A New Jersey federal judge on Feb. 9 dismissed a class complaint filed by owners of recalled Viking Range LLC refrigerators who sued for injuries and damages alleging that the company concealed the defect and the fact that the initial recall did not resolve the issues (Ronald J. Piemonte, et al. v. Viking Range, LLC, et al., No. 14-124, D. N.J.; 2015 U.S. Dist. LEXIS 15154).

Mealey's Litigation Procedure - 'Ex-Gay' Experts Barred From Testifying At Consumer Fraud Trial

JERSEY CITY, N.J. - Stating that "[t]he overwhelming weight of scientific authority concludes that homosexuality is not a disorder or abnormal," a New Jersey judge on Feb. 5 mostly granted a motion to exclude the expert testimony of a "reparative therapy" organization in a consumer fraud case brought by some of its former clients who had unsuccessfully sought conversion from their same-sex attraction from the organization (Michael Ferguson, et al. v. JONAH [Jews Offering New Alternatives for Healing], et al., No. HUD-L-5473-12, N.J. Super, Law Div.; 2015 N.J. Super. Unpub. LEXIS 236).

Mealey's Litigation Procedure - Flawed Discovery Service Exempts Defendant From Sanctions, Magistrate Rules

TRENTON, N.J. - In a case that she said has a "tortured" discovery history, a New Jersey federal magistrate judge on Jan. 30 concluded that although she believed a defendant "has made every effort to avoid engaging in" ordered discovery, the plaintiff's failure to establish that her discovery requests complied with federal requirements defeated her motion for sanctions related to the defendant's failure to respond to those requests (Amber Arpaio v. Ashley Alexandra Dupre, et al., No. 3:08-cv-03548, D. N.J.).

Mealey's PI/Product Liability - Judge Dismisses Without Prejudice Some Claims Over Allegedly Faulty Decking

TRENTON, N.J. - A federal judge in New Jersey on Jan. 30 dismissed without prejudice state law consumer protection claims brought by a putative class against the maker of Azek decking materials, finding that while they were pleaded with the required level of particularity, the plaintiffs need to provide specific information required by each state's law (In re: AZEK Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12-cv-06627, D. N.J.).

Mealey's Insurance - Judge: Ex-Wife Failed To Show She Is Entitled To Life Insurance Benefits

TRENTON, N.J. - A federal judge in New Jersey on Jan. 29 dismissed an insurance breach of contract and bad faith lawsuit, ruling that an insurer did not act in bad faith by failing to provide a deceased man's life insurance benefits to his ex-wife individually or as trustee for the former couples' adult children (Linda Dean v. New England Mutual Life Insurance Co., et al., No. 14-2211, D. N.J.; 2015 U.S. Dist. LEXIS 10244).

Mealey's PI/Product Liability - Judge: Investors Failed To Plead Misrepresentation In Securities Class Action

NEWARK, N.J. - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New Jersey ruled Jan. 28, because shareholders failed to properly plead any actionable misrepresentations in making their federal securities law claims (Marianna Nasyrova v. Immunomedics Inc., et al., No. 14-1269, D. N.J.; 2015 U.S. Dist. LEXIS 9887).

Mealey's Litigation Procedure - Judge: Investors Failed To Plead Misrepresentation In Securities Class Action

NEWARK, N.J. - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New Jersey ruled Jan. 28, because shareholders failed to properly plead any actionable misrepresentations in making their federal securities law claims (Marianna Nasyrova v. Immunomedics Inc., et al., No. 14-1269, D. N.J.; 2015 U.S. Dist. LEXIS 9887).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Plead Misrepresentation In Securities Class Action

NEWARK, N.J. - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New Jersey ruled Jan. 28, because shareholders failed to properly plead any actionable misrepresentations in making their federal securities law claims (Marianna Nasyrova v. Immunomedics Inc., et al., No. 14-1269, D. N.J.; 2015 U.S. Dist. LEXIS 9887).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Defendants: Vinyl Chloride Case Should Be Dismissed

CAMDEN, N.J. - Railroad companies sued by New Jersey residents who contend that they were injured as result of exposure to vinyl chloride that was the result of a train derailment filed a brief on Jan. 29, arguing that that case should be dismissed because the plaintiffs' trespass claim fails as a matter of law (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - New York Panel Holds Plaintiffs Failed To Provide Evidence Of Contamination

TRENTON, N.J. - Plaintiffs who claim that they suffered physical injuries and diminution of property value as a result of contamination that migrated from a refinery owned by Sunoco Inc. failed to present evidence of what contaminants they were exposed to and a link between the exposure and their injuries, a New Jersey appeals court ruled Jan. 26 in affirming a ruling awarding summary judgment to the defendant (Anna Olson, et al. v. Sunoco Inc., No. A-4769-12T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 145).

Mealey's Toxic Tort/Environmental - New Jersey Supreme Court Overturns Ruling Finding Contribution Claims Untimely

TRENTON, N.J. - The general six-year statute of limitations contained in New Jersey Statutes Annotated (N.J.S.A.) 2A:14-1 does not apply to private claims for contribution under the New Jersey Spill Compensation and Control Act (Spill Act), the New Jersey Supreme Court ruled Jan. 26 (Morristown Associates v. Grant Oil Company, et al., No. A-38-13 September Term 2013, 073248, N.J. Sup.; 2015 N.J. LEXIS 50).

Mealey's Litigation Procedure - Judge In Train Derailment Case Says Plaintiffs' Attorney Will Not Be Sanctioned

CAMDEN, N.J. - The federal judge presiding over a 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 Jan. 20 ruled that the plaintiffs' attorney who released publicly a document obtained in discovery will not be sanctioned (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Litigation Procedure - Privacy Class Action Against Viacom, Google Again Dismissed

NEWARK, N.J. - Finding that the plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. had "not cured the enumerated defects" identified in a previous ruling, a New Jersey federal judge on Jan. 20 again granted the defendants' motion to dismiss, this time without leave to amend (In Re: Nickelodeon Consumer Privacy Litigation, MDL No. 2443, D. N.J.; 2015 U.S. Dist. LEXIS 6205).

Mealey's Toxic Tort/Environmental - Judge In Train Derailment Case Says Plaintiffs' Attorney Will Not Be Sanctioned

CAMDEN, N.J. - The federal judge presiding over a 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 Jan. 20 ruled that the plaintiffs' attorney who released publicly a document obtained in discovery will not be sanctioned (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's IP/Tech - Privacy Class Action Against Viacom, Google Again Dismissed

NEWARK, N.J. - Finding that the plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. had "not cured the enumerated defects" identified in a previous ruling, a New Jersey federal judge on Jan. 20 again granted the defendants' motion to dismiss, this time without leave to amend (In Re: Nickelodeon Consumer Privacy Litigation, MDL No. 2443, D. N.J.; 2015 U.S. Dist. LEXIS 6205).

Mealey's Insurance - Insureds' Collapse Loss From Water Damage Is Not Covered, Panel Says

TRENTON, N.J. - A policy's anti-sequential clause and the exclusionary language for earth movement and water damage did not cover insureds' loss from a partial collapse of their building following Hurricane Irene, a New Jersey appeals panel affirmed Jan. 20, finding that water seepage caused soil erosion (Ashrit Realty LLC and Bhavika Realty LLC v. Tower National Insurance Co., No. A-1647-13T4, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 107).

Mealey's Insurance - New Jersey Panel Affirms Plaintiffs Are Not Named Insureds Under Certain Policies

TRENTON, N.J. - Plaintiffs seeking coverage for environmental contamination cleanup costs are not entitled to coverage under policies in which they were not named insureds and under excess policies that clearly included an absolute pollution exclusion, a New Jersey appellate panel said Jan. 16 (Newport Associates Phase I Developers Limited Partnership, et al. v. Travelers Casualty and Surety Co., f/k/a Aetna Casualty and Surety Co., et al., No. A-5543-11T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 103).

Mealey's Litigation Procedure - N.J. Federal Judge Dismisses Football Helmet Complaint, Grants Leave To Amend

CAMDEN, N.J. - A class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others on the market does not meet the specificity requirements of Federal Rule of Civil Procedure (FRCP) 9(b), a federal judge in New Jersey ruled Nov. 15 (In re Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).