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).

Mealey's Health Law - 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 PI/Product Liability - FDCA Violations Can't Support False Claims In Trasylol Suit, Judge Says

NEWARK, N.J. - A whistle-blower cannot argue that Bayer Corp. violated the False Claims Act (FCA) by misbranding the drug Trasylol in violation of the Food, Drug and Cosmetic Act (FDCA), a New Jersey federal judge ruled April 11 in dismissing the complaint without prejudice for most claims (United States of America, et al., ex rel. Laurie Simpson v. Bayer Corp., et al., No. 05-3895, D. N.J.).

Mealey's IP/Tech - 3rd Circuit Vacates Computer Fraud Judgment For Improper Venue

PHILADELPHIA - An Arkansas man who was convicted of identity theft and violation of the Computer Fraud and Abuse Act (CFAA) saw his judgment overturned in the Third Circuit U.S. Court of Appeals on April 11, with a panel finding that New Jersey had been the improper venue for his trial (United States of America v. Andrew Auernheimer, No. 13-1816, 3rd Cir.; 2014 U.S. App. LEXIS 6671).

Mealey's Insurance - Judge Permits FTC's Lawsuit Over Wyndham Data Breach To Proceed

NEWARK, N.J. - The Federal Trade Commission (FTC) has authority to bring an unfair and deceptive acts complaint against a hotel chain related to its data security, a New Jersey federal judge ruled April, declining to dismiss claims that sprung from breaches of the Wyndham Worldwide Corp.'s computer network (Federal Trade Commission v. Wyndham Worldwide Corp., et al., No. 2:13-cv-01887, D. N.J.; 2014 U.S. Dist. LEXIS 47622).

Mealey's Insurance - Retrocessional Reinsurer Says Its Reinsured Has Asked For Too Large An Award

TRENTON, N.J. - A retrocessional reinsurer told a federal court in New Jersey on April 7 that its reinsured's calculation of a $6.1 million judgment is too high and includes certain post-judgment claims (Munich Reinsurance America, Inc. v. American National Insurance Company, No. 09-cv-06435, D. N.J.).

Mealey's PI/Product Liability - New Jersey Federal Judge Drops Couple's Claims For Defective Insulation

NEWARK, N.J. - A New Jersey federal judge on April 8 agreed to dismiss without prejudice a class action involving an allegedly defective home insulation product after the plaintiffs realized that the case was not a viable class action (David Schraeder, et al. v. Demilec (USA) LLC, et al., No. 12-6074, D. N.J.).

Mealey's Litigation Procedure - Class Allegations Survive Defense Motion To Strike In Paulsboro Derailment Suit

CAMDEN, N.J. - The judge presiding over the consolidated Paulsboro, N.J., train derailment litigation in the U.S. District Court for the District of New Jersey denied a defense motion to strike class allegations in the second consolidated class action amended complaint April 8 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - Class Allegations Survive Defense Motion To Strike In Paulsboro Derailment Suit

CAMDEN, N.J. - The judge presiding over the consolidated Paulsboro, N.J., train derailment litigation in the U.S. District Court for the District of New Jersey denied a defense motion to strike class allegations in the second consolidated class action amended complaint April 8 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Judge Dismisses Lawsuit Alleging Life Insurance Scheme Against Brokers

TRENTON, N.J. - A New Jersey federal judge on April 4 dismissed a life insurer's lawsuit against insurance brokers and investment companies regarding an alleged stranger originated life insurance (STOLI) scheme because there is a lack of subject matter jurisdiction (Lincoln Benefit Life Co. v. AEI Life LLC, et al., No. 13-4117, D. N.J.; 2014 U.S. Dist. LEXIS 46726).

Mealey's Toxic Tort/Environmental - Judge Finds Companies' Contribution Claims Untimely, Limits Cost-Recovery Claims

NEWARK, N.J. - A federal judge in New Jersey on April 4 ruled that two plaintiff companies' requests for contribution under Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Section 113 for contamination at a site in Fair Lawn, N.J., were barred by the statute of limitations (Sandvik Inc. et al. v. Hampshire Partner Fund IV LP, et al., No. 13-4667, D. N.J.; 2014 U.S. Dist. LEXIS 46724).

Mealey's Litigation Procedure - Federal Judge Dismisses Class Claims Related To Alleged Mold In Washers

NEWARK, N.J. - A New Jersey federal judge on April 2 partially granted a motion filed by the manufacturer of washing machines, dismissing various claims asserted by purchasers who allege that the machines have a defect that causes mold (Jeanne Spera and Bethany Mizell, et al. v. In re Samsung Front Loading Washer Samsung Electronics Mold Litigation America Inc., No. 2:12-cv-05412, D. N.J.; 2014 U.S. Dist. LEXIS 45073).

Mealey's Litigation Procedure - New Jersey Federal Judge Rules Pension Plan Is Not ERISA Church Plan

TRENTON, N.J. - A pension plan sponsored by a nonprofit health care corporation that is controlled by or associated with a church does not qualify for exemption from the Employee Retirement Income Security Act as a church plan, a federal judge in New Jersey ruled March 31 in an unpublished opinion (Laurence Kaplan v. Saint Peter's Healthcare System, et al., No. 13-2941, D. N.J.; 2014 U.S. Dist. LEXIS 44963).

Mealey's Toxic Tort/Environmental - Federal Judge Dismisses Class Claims Related To Alleged Mold In Washers

NEWARK, N.J. - A New Jersey federal judge on April 2 partially granted a motion filed by the manufacturer of washing machines, dismissing various claims asserted by purchasers who allege that the machines have a defect that causes mold (Jeanne Spera and Bethany Mizell, et al. v. In re Samsung Front Loading Washer Samsung Electronics Mold Litigation America Inc., No. 2:12-cv-05412, D. N.J.; 2014 U.S. Dist. LEXIS 45073).

Mealey's Labor & Employment - New Jersey Federal Judge Rules Pension Plan Is Not ERISA Church Plan

TRENTON, N.J. - A pension plan sponsored by a nonprofit health care corporation that is controlled by or associated with a church does not qualify for exemption from the Employee Retirement Income Security Act as a church plan, a federal judge in New Jersey ruled March 31 in an unpublished opinion (Laurence Kaplan v. Saint Peter's Healthcare System, et al., No. 13-2941, D. N.J.; 2014 U.S. Dist. LEXIS 44963).

Mealey's Insurance - Judge Finds Statute's Effective Date Bars ACA Discrimination Claim

NEWARK, N.J. - Although it was enacted in 2010, sections of the Patient Protection and Affordable Care Act (ACA) barring discrimination based on the licensing or certification of physicians became effective only after conduct alleged in two doctors' lawsuit, a New Jersey federal judge held March 31 (Neelendu Bose d/b/a High Crest, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. 12-4671, D. N.J.; 2014 U.S. Dist. LEXIS 43244).

Mealey's Banking & Finance - Judge Dismisses Couple's TILA, RESPA Claims In Reverse Mortgage Lawsuit

CAMDEN, N.J. - A couple's claims that they were not provided with disclosures required by the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) when closing on a reverse mortgage are barred by the statutes' three-year limitations period, a federal judge in New Jersey ruled April 1 in dismissing the claims (Alexander Franklin, et al. v. Freedom Financial Acquisition LLC, et al., No. 12-7884, D. N.J.; 2014 U.S. Dist. LEXIS 44308).

Mealey's Health Law - Judge Finds Statute's Effective Date Bars ACA Discrimination Claim

NEWARK, N.J. - Although it was enacted in 2010, sections of the Patient Protection and Affordable Care Act (ACA) barring discrimination based on the licensing or certification of physicians became effective only after conduct alleged in two doctors' lawsuit, a New Jersey federal judge held March 31 (Neelendu Bose d/b/a High Crest, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. 12-4671, D. N.J.; 2014 U.S. Dist. LEXIS 43244).

Mealey's Insurance - Judge Partially Grants Remand Motion, Orders Discovery On Jurisdiction Question

CAMDEN, N.J. - A New Jersey federal judge on March 31 partially granted a plaintiff's motion to remand to state court a proposed class action case over liens asserted by a health insurer against proceeds from personal injury cases but said additional discovery was needed to determine whether an exception to the Class Action Fairness Act (CAFA) also supported remand (Michelle Roche v. Aetna Health Inc., et al., No. 13-3933, D. N.J.; 2014 U.S. Dist. LEXIS 43239).

Mealey's Litigation Procedure - Judge Partially Grants Remand Motion, Orders Discovery On Jurisdiction Question

CAMDEN, N.J. - A New Jersey federal judge on March 31 partially granted a plaintiff's motion to remand to state court a proposed class action case over liens asserted by a health insurer against proceeds from personal injury cases but said additional discovery was needed to determine whether an exception to the Class Action Fairness Act (CAFA) also supported remand (Michelle Roche v. Aetna Health Inc., et al., No. 13-3933, D. N.J.; 2014 U.S. Dist. LEXIS 43239).

Mealey's Insurance - Judge Grants Abstention Of Insurance Broker's Lawsuit For Misappropriation

NEWARK, N.J. - A New Jersey federal judge on March 27 granted a motion for abstention of an insurance broker's misappropriation of trade secrets lawsuit against a former employee and his new employer pending resolution of the broker's state court lawsuit against the same parties for breach of contract (Pinnacle Insurance Solutions LLC d/b/a Pinnacle Risk Solutions also d/b/a Pinnacle Cos. v. Henry N. Kolbe, et al., No. 13-5969, D. N.J.; 2014 U.S. Dist. LEXIS 40851).

Mealey's Health Law - Judge Partially Grants Remand Motion, Orders Discovery On Jurisdiction Question

CAMDEN, N.J. - A New Jersey federal judge on March 31 partially granted a plaintiff's motion to remand to state court a proposed class action case over liens asserted by a health insurer against proceeds from personal injury cases but said additional discovery was needed to determine whether an exception to the Class Action Fairness Act (CAFA) also supported remand (Michelle Roche v. Aetna Health Inc., et al., No. 13-3933, D. N.J.; 2014 U.S. Dist. LEXIS 43239).

Mealey's Toxic Tort/Environmental - New Jersey Court Affirms Dismissal Of Homeowners' Property Damage Case

TRENTON, N.J. - A New Jersey court on March 27 affirmed a trial court's decision granting summary judgment in favor of a township and homeowners, finding that a resident failed to show that work completed by her neighbors caused mold damage to her house and that the township acted unreasonably (Claudia Elliot v. Mister Mold LLC, et al., No. A-1215-12T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 668).

Mealey's Insurance - Judge OKs Correction To Order In Retrocessional Reinsurance Dispute

TRENTON, N.J. - A federal judge in New Jersey on March 25 granted a retrocessionally reinsured reinsurer's motion to amend/correct an earlier order to include an inadvertently omitted payable claim (Munich Reinsurance America, Inc. v. American National Insurance Company, No. 09-cv-06435, D. N.J.).

Mealey's PI/Product Liability - All Pre-Sept. 14, 2010, Cases In Fosamax Leg Fracture MDL Dismissed As Preempted

TRENTON, N.J. - The New Jersey federal judge overseeing the Fosamax femur fracture multidistrict litigation on March 26 granted summary judgment as a matter of law (JMOL) in several cases after finding that claims of injuries occurring before Sept. 14, 2010, are preempted because the Food and Drug Administration refused to allow the type of warning the plaintiffs claim manufacturer Merck Sharp & Dohme Corp. failed to make (In Re: Fosamax $(Alendronate Sodium$) Products Liability Litigation, MDL Docket No. 2243, No. 3:11-5304, D. N.J.).