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).
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.).
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).
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).
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.).
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.).
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.).
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).
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).
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).
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).
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).
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).
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).
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).
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).
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.).
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.).