Mealey's PI/Product Liability - $190M Neurontin Antitrust Pact Gets Preliminary Approval From Federal MDL Judge

NEWARK, N.J. - A New Jersey federal judge on May 2 preliminarily approved a $190 million antitrust class settlement of allegations that Pfizer Inc. and a predecessor kept generic Neurontin off the market, causing commercial direct buyers to pay more for the brand-name drug (In Re: Neurontin Antitrust Litigation, MDL Docket No. 1479, No. 02-1390, Louisiana Wholesale Drug Company, Inc., et al., Nos. 02-1830 and 02-2731, D. N.J.).

Mealey's PI/Product Liability - Asbestos Floor Tile Action Filed 4 Years After Death Untimely, Federal Judge Says

NEWARK, N.J. - A woman's action alleging asbestos exposure from Union Carbide Corp. floor tiles came more than four years after her husband's death, long past the two-year limit for such actions, a New Jersey federal judge held April 30 (Rosilynd Hillary Gensler v. Union Carbide Corp., No. 13-5244, D. N.J.; 2014 U.S. Dist. LEXIS 59688).

Mealey's Toxic Tort/Environmental - Asbestos Floor Tile Action Filed 4 Years After Death Untimely, Federal Judge Says

NEWARK, N.J. - A woman's action alleging asbestos exposure from Union Carbide Corp. floor tiles came more than four years after her husband's death, long past the two-year limit for such actions, a New Jersey federal judge held April 30 (Rosilynd Hillary Gensler v. Union Carbide Corp., No. 13-5244, D. N.J.; 2014 U.S. Dist. LEXIS 59688).

Mealey's Toxic Tort/Environmental - Tenant Appeals Dismissal Of Property Mold Action To 3rd Circuit

TRENTON, N.J. - After a New Jersey federal judge dismissed claims asserted against a borough and various officials in relation to the condition of an apartment and allegedly missing and damaged personal property, a tenant on April 28 filed a notice of appeal of the decision to the Third Circuit U.S. Court of Appeals (Robert McCann v. The Borough of Magnolia, et al., No. 14-170, D. N.J.; 2014 U.S. Dist. LEXIS 48040).

Mealey's Insurance - N.J. Panel Affirms Dismissal Of Claims In Hurricane Floyd Coverage Dispute

TRENTON, N.J. - A New Jersey appeals panel on April 28 affirmed a lower court's dismissal of breach of contract, third-party beneficiary insurance and negligence claims in a lawsuit arising from Hurricane Floyd damage (Thomas and Cheryl Koziol Inc. v. LaSalle National Bank $(as Trustee$); GMAC Commercial Mortgage Corp., et al., No. A-0849-12T2, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 949).

Mealey's Insurance - Judge Allows Insureds To Assert Negligence Claim Against Insurance Producers

NEWARK, N.J. - Insureds may amend their complaint to assert a claim for professional negligence against insurance producers regarding their failure to procure flood insurance, a New Jersey federal judge held April 25 (John Inglese and Elizabeth Inglese v. Robert Kulpa, et al., No. 13-1927, D. N.J.; 2014 U.S. Dist. LEXIS 58318).

Mealey's Litigation Procedure - New Jersey Court Affirms Order Compelling Arbitration Of Claims Against Merck

TRENTON, N.J. - A New Jersey appeals court on April 28 affirmed a trial court's decision that all of a medical diagnostic product maker's claims against Merck & Co. Inc. and its affiliates must be arbitrated pursuant to an underlying licensing agreement (Pop Test Cortisol LLC v. Merck & Co. Inc., et al., No. A-5403-12T4, N.J. App.).

Mealey's Insurance - Judge: No Coverage For Removal Of Debris Deposited Outside Exterior Perimeter Walls

TRENTON, N.J. - There is no coverage under a Standard Flood Insurance Policy (SFIP) for the removal of debris deposited outside the exterior perimeter walls of New Jersey insureds' building/structure, a federal judge ruled April 24, granting the insurer's motion for summary judgment in a Hurricane Sandy lawsuit (Michael S. Torre, et al. v. Liberty Mutual Fire Insurance Co., No. 13-6665, D. N.J.; 2014 U.S. Dist. LEXIS 57133).

Mealey's PI/Product Liability - Court: Pump Company Must Warn About Component Parts

TRENTON, N.J. - A pump manufacturer can be held liable for failing to warn about the potential dangers of asbestos in frequently replaced component parts such as gaskets and packing, but the plaintiffs must demonstrate exposure to asbestos from those replacement parts to demonstrate causation, a New Jersey appellate court held April 23 (Elbert Hughes v. A.W. Chesterton Co., et al., No. A-0778-11T2, Michael Greever v. A.W. Chesterton Co., et al., No. A-0779-11T2, Gregory Fayer, et al. v. A.W. Chesterton Co., et al., No. A-4912-11T2, Angelo Mystrena and Kathleen Mystrena v. A.W. Chesterton Co., et al., No. A-4913-11T2, N.J. Super., App. Div.).

Mealey's Litigation Procedure - Federal Judge Dismisses Class Action Over Allegedly Defective Washers

NEWARK, N.J. - After finding that purchasers of allegedly defective washing machines failed to plead their claims with the required particularity, a New Jersey federal judge on April 23 dismissed a class action complaint against the maker of the machines (Stanley Fishman, et al. v. General Electric, No. 2:12-cv-00585, D. N.J.; 2014 U.S. Dist. LEXIS 56144).

Mealey's Toxic Tort/Environmental - Federal Judge Dismisses Class Action Over Allegedly Defective Washers

NEWARK, N.J. - After finding that purchasers of allegedly defective washing machines failed to plead their claims with the required particularity, a New Jersey federal judge on April 23 dismissed a class action complaint against the maker of the machines (Stanley Fishman, et al. v. General Electric, No. 2:12-cv-00585, D. N.J.; 2014 U.S. Dist. LEXIS 56144).

Mealey's Toxic Tort/Environmental - Court: Pump Company Must Warn About Component Parts

TRENTON, N.J. - A pump manufacturer can be held liable for failing to warn about the potential dangers of asbestos in frequently replaced component parts such as gaskets and packing, but the plaintiffs must demonstrate exposure to asbestos from those replacement parts to demonstrate causation, a New Jersey appellate court held April 23 (Elbert Hughes v. A.W. Chesterton Co., et al., No. A-0778-11T2, Michael Greever v. A.W. Chesterton Co., et al., No. A-0779-11T2, Gregory Fayer, et al. v. A.W. Chesterton Co., et al., No. A-4912-11T2, Angelo Mystrena and Kathleen Mystrena v. A.W. Chesterton Co., et al., No. A-4913-11T2, N.J. Super., App. Div.).

Mealey's Insurance - Estate's Lack Of Distinct Facts Related To Movant Leads Judge To Dismiss Claims

NEWARK, N.J. - Because a plaintiff failed to identify what allegations related to the various individuals in a dispute over accidental disability benefits, a New Jersey federal judge on April 21 granted one defendant's motion to dismiss fraud, bad faith and conspiracy charges against it (Robert Zodda v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., No. 2:13-cv-07738, D. N.J.; 2014 U.S. Dist. LEXIS 54916).

Mealey's Health Law - Doctor Sues Insurer In Federal Court For Underpaying Claim

NEWARK, N.J. - A New Jersey board-certified orthopedic surgeon and the company he owns on April 16 sued a patient's health insurer and employer in federal court for allegedly paying the wrong amount for out-of-network services provided to the patient (Professional Orthopedic Associates, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. 14-2438, D. N.J.).

Mealey's Antitrust/Unfair Competition - N.J. Federal Judge Tosses Class Complaint Attacking Quality Of Omega Supplements

NEWARK, N.J. - A New Jersey federal judge on April 17 dismissed a New Jersey man's pro se class complaint alleging that Nordic Naturals Inc.'s omega supplements failed to live up the company's advertised quality (Harold M. Hoffman, et al. v. Nordic Naturals, Inc., No. 12-5870, D. N.J.; 2014 U.S. Dist. LEXIS 53125).

Mealey's PI/Product Liability - New Jersey Law Allows Suit Against Dissolved Corporations, New York Court Affirms

NEW YORK - New Jersey law allowing dissolved corporations to "sue and be sued" clearly permits asbestos actions naming Liberty Mutual Insurance Co. as the insurer of the dissolved Jenkins Brothers, a New York appeals court held April 17 (In re New York City Asbestos Litigation; Robert Germain Sr. v. A.O. Smith Water Products Co., et al., Liberty Mutual Insurance Co., Daniel E. Valensi, etc. v. Air & Liquid Systems Corp., as successor by merger to Buffalo Pumps, Inc., et al., Liberty Mutual Insurance Co., Vashtee Antle, etc. v. A.O. Smith Water Products Co., et al., Liberty Mutual Insurance Co., Janeed Khan v. 3M Co., individually and as successor to Minnesota Mining and Manufacturing Co., et al., Liberty Mutual Insurance Co., Laurence Cunningham, et al. v. 3M Co., etc., et al., Liberty Mutual Insurance Co., No. 12249, N.Y. Sup., App. Div., 1st Dept.; 2014 N.Y. App. Div. LEXIS 2623).

Mealey's Litigation Procedure - N.J. Federal Judge Tosses Class Complaint Attacking Quality Of Omega Supplements

NEWARK, N.J. - A New Jersey federal judge on April 17 dismissed a New Jersey man's pro se class complaint alleging that Nordic Naturals Inc.'s omega supplements failed to live up the company's advertised quality (Harold M. Hoffman, et al. v. Nordic Naturals, Inc., No. 12-5870, D. N.J.; 2014 U.S. Dist. LEXIS 53125).

Mealey's Toxic Tort/Environmental - New Jersey Law Allows Suit Against Dissolved Corporations, New York Court Affirms

NEW YORK - New Jersey law allowing dissolved corporations to "sue and be sued" clearly permits asbestos actions naming Liberty Mutual Insurance Co. as the insurer of the dissolved Jenkins Brothers, a New York appeals court held April 17 (In re New York City Asbestos Litigation; Robert Germain Sr. v. A.O. Smith Water Products Co., et al., Liberty Mutual Insurance Co., Daniel E. Valensi, etc. v. Air & Liquid Systems Corp., as successor by merger to Buffalo Pumps, Inc., et al., Liberty Mutual Insurance Co., Vashtee Antle, etc. v. A.O. Smith Water Products Co., et al., Liberty Mutual Insurance Co., Janeed Khan v. 3M Co., individually and as successor to Minnesota Mining and Manufacturing Co., et al., Liberty Mutual Insurance Co., Laurence Cunningham, et al. v. 3M Co., etc., et al., Liberty Mutual Insurance Co., No. 12249, N.Y. Sup., App. Div., 1st Dept.; 2014 N.Y. App. Div. LEXIS 2623).

Mealey's Banking & Finance - Business Man Can't Show Bank's Violation, New Jersey Judge Finds

HACKENSACK, N.J. - A judge in New Jersey on April 16 dismissed a businessman's suit targeting TD Bank NA for allowing a disbarred attorney to deposit stolen money into a TD account, saying the businessman failed to show that TD violated the Uniform Commercial Code (UCC) (Custom Travel Incentives & Promotions Inc. v. Bank Of America, et al., No. BER-L-2714-12, N.J. Super.).

Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Swedish Entity's Complaint For Lack Of Service

NEWARK, N.J. - After determining that a Swedish corporation made sufficient attempts to serve its complaint in relation to the confirmation of an arbitration award, a New Jersey federal judge on April 17 refused a New Jersey resident's motion to dismiss for insufficient service (Indagro S.A. v. Veniamin Nilva, et al., No. 07-cv-03742, D. N.J.; 2014 U.S. Dist. LEXIS 53123).

Mealey's Banking & Finance - Federal Judge Sends Ponzi Scheme Suit To State Court

CAMDEN, N.J. - A federal judge in New Jersey on April 15 granted a motion to remand to a state court a consumers' suit alleging that TD Bank NA's negligence caused them to lose approximately $1.5 million via a Ponzi scheme, finding that the claims are not federal (Oleg Shtutman, et al. v. TD Bank NA, et al., No. 14-0792, D. N.J.; 2014 U.S. Dist. LEXIS 51576).

Mealey's IP/Tech - Federal Circuit Affirms: Osteoporosis Drug Patents Are Invalid

WASHINGTON, D.C. - A New Jersey federal judge did not err in granting several generic drug makers a summary judgment of patent invalidity, according to an April 14 ruling by a divided Federal Circuit U.S. Court of Appeals (Hoffmann-LaRoche Inc. v. Apotex Inc., No. 13-1128; Hoffmann-LaRoche Inc. v. Dr. Reddy's Laboratories Ltd., No. 13-1161; Hoffmann-LaRoche Inc. v. Watson Laboratories Inc., No. 13-1162; Hoffmann-LaRoche Inc. v. Orchid Chemicals & Pharmaceuticals Ltd., No. 13-1163; Hoffmann-LaRoche Inc. v. Mylan Inc., No. 13-1164, Fed. Cir.).

Mealey's Labor & Employment - New Jersey Federal Judge Declines Class Certification In Reimbursement Dispute

NEWARK, N.J. - A New Jersey federal judge on April 14 denied a renewed motion to certify two classes in a reimbursement lawsuit filed against a health care insurer, a database company and the database's parent company (Darlery Franco v. Connecticut General Life Insurance Co., et al., No. 07-6039, D. N.J.; 2014 U.S. Dist. LEXIS 51138).

Mealey's Insurance - New Jersey Federal Judge Declines Class Certification In Reimbursement Dispute

NEWARK, N.J. - A New Jersey federal judge on April 14 denied a renewed motion to certify two classes in a reimbursement lawsuit filed against a health care insurer, a database company and the database's parent company (Darlery Franco v. Connecticut General Life Insurance Co., et al., No. 07-6039, D. N.J.; 2014 U.S. Dist. LEXIS 51138).

Mealey's Litigation Procedure - New Jersey Federal Judge Declines Class Certification In Reimbursement Dispute

NEWARK, N.J. - A New Jersey federal judge on April 14 denied a renewed motion to certify two classes in a reimbursement lawsuit filed against a health care insurer, a database company and the database's parent company (Darlery Franco v. Connecticut General Life Insurance Co., et al., No. 07-6039, D. N.J.; 2014 U.S. Dist. LEXIS 51138).