PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on July 29 held that the Medicare as a Secondary Payer Act (MSP Act) authorizes the government to seek reimbursement from a settlement a plaintiff receives from a tortfeasor because the funds came from a "primary plan" and that the plaintiff cannot invoke a New Jersey state law to avoid her reimbursement obligations (Cecelia A. Taransky v. Secretary of the U.S. Department of Health and Human Services, et al., No. 13-3483, 3rd Cir.; 2014 U.S. App. LEXIS 14408).
NEWARK, N.J. - New Jersey does not impose liability for third-party asbestos-containing gaskets, packing or insulation applied to a manufacturers' pump, a New Jersey federal judge held July 23 in citing a state appeals court's April decision (William J. Robinson and Gail A. Robinson v. Air & Liquid Systems Corp., et al., No. 11-4078, D. N.J.; 2014 U.S. Dist. LEXIS 99778).
TRENTON, N.J. - Allegations that a defendant used a plaintiff's image in promotional materials without her consent in violation of Section 43(a) of the Lanham Act were rejected by a New Jersey federal judge on July 24 (Khadi Madama v. Genesis Rehab, No. 12-1451, D. N.J.).
NEWARK, N.J. - A prior class complaint filed in New Jersey state court that, for a time, tolled the statute of limitations for Telephone Consumer Protection Act (TCPA) claims brought by recipients of allegedly unauthorized faxed ads failed to save the otherwise untimely TCPA claim filed in New Jersey federal court more than six years after the fax was sent, a New Jersey federal judge ruled July 22 (A & L Industries, Inc., et al. v. P. Cipollini, Inc., No. 12-7598, D. N.J.; 2014 U.S. Dist. LEXIS 99285).
TRENTON, N.J. - A federal judge in New Jersey on July 22 issued an order dismissing an insured's bad faith claim against an insurer for failure to pay on a flood insurance policy after Hurricane Sandy, ruling that the claim is preempted by federal law (Mark Damiano v. Harleysville Insurance Co. of New Jersey, No. 13-7239, D. N.J.; 2014 U.S. Dist. LEXIS 97988).
TRENTON, N.J. - A New Jersey Superior Court, Appellate Division, panel on July 17 affirmed rulings awarding summary judgment to a contractor and concrete subcontractor that built a condominium complex that allegedly had issues with water infiltration caused by the use of black tar paper as opposed to Tyvek building wrap, ruling that the plaintiff was unable to sufficiently state claims for negligence and breach of contract (Saratoga at Toms River Condominium Association Inc. v. Menk Corporation Inc., et al., No. A-5421-11T3, N.J. Super, App. Div.).
TRENTON, N.J. - A New Jersey federal judge on July 17 dismissed an insured's claims for bad faith, attorney fees and "any other relief" deemed reasonable in a coverage dispute arising from Superstorm Sandy damage (Mark Damiano v. Harleysville Insurance Company of New Jersey, No. 3:13-cv-07239-FLW-LHG, D. N.J.; 2014 U.S. Dist. LEXIS 97988).
TRENTON, N.J. - No additional coverage is afforded for water and mold damage to an insured patio roof because it is clear that the damages were not hidden and the policy at issue precludes losses caused by wear and tear, the New Jersey Superior Court Appellate Division said July 18 (Gerald Romano et al. v. Metropolitan Property & Casualty Insurance Co., No. A-3525-11T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1768).
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on July 9 granted final approval of a class action settlement over wrongful reimbursements for out-of-network health care services (Cathleen McDonough v. Horizon Blue Cross Blue Shield of New Jersey, No. 09-571, D. N.J.; 2014 U.S. Dist. LEXIS 93559).
TRENTON, N.J. - Even though the New Jersey Supreme Court found that New Jersey's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) applies to intangible goods, such as gift certificates, a New Jersey federal judge on July 10 declined to apply the high court's ruling retroactively, leading him to dismiss a claim under the act against Restaurant.com Inc. for a second time (Larissa Shelton, et al. v. Restaurant.com Inc., No. 3:10-cv-00824, D. N.J.; 2014 U.S. Dist. LEXIS 93731).
NEWARK, N.J. - A federal magistrate judge in New Jersey on July 10 granted the federal government's motion to strike a defendant company's request for a jury trial in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost-recovery suit, finding that the Seventh Amendment does not apply (United States of America v. Alsol Corporation, et al., No. 13-cv-0380, D. N.J.; 2014 U.S. Dist. LEXIS 94145).
TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on July 11 upheld a trial judge's ruling barring a woman's expert from testifying about how a homebuilder allegedly breached its warranty in the construction of her home and dismissing her lawsuit, finding that the expert had sufficient time to develop an opinion in support of her claim (Ellen Nevins v. Toll Brothers Inc., et al., No. A-2344-11T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1686).
TRENTON, N.J. - Actor-comedian Tracy Morgan filed suit in federal court in New Jersey on July 10, alleging that negligence on the part of a truck driver employed by Wal-Mart Stores Inc. caused an accident that left him and two others seriously injured and caused the death of a fourth person (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).
NEWARK, N.J. - A federal judge in New Jersey on July 8 granted partial summary judgment in an insurance bad faith lawsuit, ruling that a plaintiff has failed to show that a private right of action exists to support her New Jersey statute claim against an insurer (Mary Smith v. Conseco Life Insurance Co., No. 13-5253, D. N.J.; 2014 U.S. Dist. LEXIS 92123).
NEWARK, N.J. - The plaintiffs in a putative privacy class action against Viacom Inc. and Google Inc. related to collection of minors' information via Nickelodeon's websites was dismissed July 2, with a New Jersey federal judge finding claims brought under federal and state laws to be unsupported and improperly pleaded (In Re: Nickelodeon Consumer Privacy Litigation, MDL No. 2443, D. N.J.; 2014 U.S. Dist. LEXIS 91286).
TRENTON, N.J. - A New Jersey appeals panel on July 3 affirmed a $27,975.58 judgment in favor of a subrogated insurer against a contractor that failed to repair a leaking roof it installed at a condominium building (Quincy Mutual Insurance Co. a/s/o Clipper Condo v. Union Roofing, No. A-5286-11T4, N.J. Super. App. Div.; 2014 N.J. Super. Unpub. LEXIS 1606).
NEW BRUNSWICK, N.J. - A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications (Tuturice v. Anova Holdings AG, et al., No. MID-L-2030-10AS, DiTolvo v. Anova Holdings AG, et al., No. MID-L-0464-10AS, Durlester v. Anova Holdings AG, et al., No. MID-L-9677-08AS, Greene v. Anova Holdings AG, et al., No. MID-L-8113-09AS, Ketchem v. Anova Holdings AG, et al., No. MID-L-10217-08AS, Koshinsky v. Anova Holdings AG, et al., No. MID-L-4059-08AS, Lindsay v. Anova Holdings AG, et al., No. MID-L-6858-09AS, Slepokura v. Anova Holdings AG, et al., No. MID-L-7717-09AS, Tafil v. Anova Holdings AG, et al., No. MID-L-215-09AS, Troth v. Anova Holdings AG, et al., No. MID-L-9794-09AS, Upshaw v. Anova Holdings AG, et al., No. MID-L-7638-11AS, N.J. Super., Middlesex Co.).