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.).

Mealey's Insurance - Federal Judge Finds Mold Damage Is Excluded Under Homeowners Policy

CAMDEN, N.J. - A New Jersey federal judge on March 25 granted an insurer's motion for summary judgment in a coverage action, finding that homeowners failed to show that mold growth caused by a long-term leak was covered under their insurance policy (James Fifth, et al. v. State Farm Insurance Co., No. 11-7440, D. N.J.; 2014 U.S. Dist. LEXIS 39731).

Mealey's Banking & Finance - New Jersey Federal Jury Awards Mylan $106 Million For Breach

NEWARK, N.J. - A nine-day trial in New Jersey federal court culminated March 25 in a $106.7 million award for Mylan Inc. and Mylan Pharmaceuticals Inc. (Mylan, collectively), on allegations that GlaxoSmithKline LLC (GSK) breached a previous settlement covering generic formulations of Paxil (Mylan Inc. and Mylan Pharmaceuticals Inc. v. SmithKlineBeecham Corp., No. 10-4809, D. N.J.).

Mealey's Insurance - New Jersey Federal Judge Dismisses Negligence Case Against Insurance Agents

CAMDEN, N.J. - A New Jersey federal judge on March 25 dismissed a negligence lawsuit against an insurance agent and her employer for their alleged failure to obtain flood insurance because insureds failed to file an affidavit of merit and failed to raise any defense or exception to filing an affidavit of merit (Jason Robbins and his wife, Melanie Robbins v. Renee Forgash, et al., No. 13-0624, D. N.J.; 2014 U.S. Dist. LEXIS 38808).

Mealey's Toxic Tort/Environmental - Federal Judge Finds Mold Damage Is Excluded Under Homeowners Policy

CAMDEN, N.J. - A New Jersey federal judge on March 25 granted an insurer's motion for summary judgment in a coverage action, finding that homeowners failed to show that mold growth caused by a long-term leak was covered under their insurance policy (James Fifth, et al. v. State Farm Insurance Co., No. 11-7440, D. N.J.; 2014 U.S. Dist. LEXIS 39731).

Mealey's IP/Tech - New Jersey Federal Jury Awards Mylan $106 Million For Breach

NEWARK, N.J. - A nine-day trial in New Jersey federal court culminated March 25 in a $106.7 million award for Mylan Inc. and Mylan Pharmaceuticals Inc. (Mylan, collectively), on allegations that GlaxoSmithKline LLC (GSK) breached a previous settlement covering generic formulations of Paxil (Mylan Inc. and Mylan Pharmaceuticals Inc. v. SmithKlineBeecham Corp., No. 10-4809, D. N.J.).

Mealey's Litigation Procedure - Judge Affirms Decision Refusing To Consolidate Washer Class Actions

NEWARK, N.J. - A New Jersey federal judge on March 24 affirmed a magistrate judge's decision to refuse consolidation of a class action with two other class actions in which the plaintiffs allege that front-loading washing machines cause mold growth, finding that the claims were too varied (Jeanne Spera and Bethany Mizell, et al. v. Mold Litigation Samsung Electronics America Inc., No. 2:12-cv-05412, D. N.J.; 2014 U.S. Dist. LEXIS 38819).

Mealey's Litigation Procedure - N.J. Judge Dismisses Class Action Over Insurers' Failure To Pay Diminished Value

HACKENSACK, N.J. - Three plaintiffs' putative class complaint against their auto insurers for purportedly denying their claims of post-accident diminished value to their vehicles was dismissed by a New Jersey judge on March 21 in favor of arbitration and for failing to articulate a factual and/or legal basis for relief (Patricia C. Myska, et al. v. New Jersey Manufacturers Insurance Co, et al., No. BER-L-5136-13, N.J. Super., Bergen Co.; 2014 N.J. Super. Unpub. LEXIS 650).