NEWARK, N.J. - Confusion over the sequence of events perfectly illustrates why the existence of an unserved forum defendant bars removal of an asbestos action involving exposure from dentistry work, a New Jersey federal judge held March 10, granting remand (Kay Hokanson, et al. v. Kerr Corp; Patterson Companies Inc., et al., No. 13-4534, D. N.J.; 2014 U.S. Dist. LEXIS 30477).
ATLANTIC CITY, N.J. - A New Jersey state court judge on March 10 charged a jury in the retrial of an Accutane bowel injury case (Kamie Kendall v. Hoffman-La Roche Inc., No. 008213-05, N.J. Super., Atlantic Co.).
NEWARK, N.J. - A New Jersey federal judge on Feb. 27 granted partial summary judgment in favor of an insurer in a health care benefits reimbursement dispute, dismissing the claims asserted by the plaintiff but denying the defendant's motion for recovery for its counterclaim and request for attorney fees (New Jersey Back Institute ASO Juan Rodriguez v. Horizon Blue Cross Blue Shield Insurance Co., No. 12-4985, D. N.J.; 2014 U.S. Dist. LEXIS 25639).
TRENTON, N.J. - A New Jersey federal judge on Feb. 25 determined that genuine issues of material fact exist regarding whether an environmental insurance policy was intended to cover one of the parties included in a settlement agreement or whether the entity was only a third-party beneficiary to the policy (Indian Harbor Insurance Co. v. NL Environmental Management Services Inc. et al., No. 13-1889, D. N.J.; 2014 U.S. Dist. LEXIS 23240).
TRENTON, N.J. - A New Jersey federal judge on Feb. 26 denied an insurer's motion to dismiss a declaratory judgment and breach of contract lawsuit seeking coverage for damage caused by Hurricane Sandy, finding that the insured has offered evidence that could potentially establish that the insurer's application of the policy's Named Storm deductible was improper (AFP 104 Corp. v. Columbia Casualty Co., No.: 13-4077 [PGS][LHG], D. N.J.; 2014 U.S. Dist. LEXIS 24215).
TRENTON, N.J. - An insured whose home was damaged by Superstorm Sandy has failed to make sufficient allegations that his insurer breached its duty to act in good faith, a New Jersey federal judge ruled Feb. 21, finding that general allegations that the insurer acted unreasonably did not support his claim (Edmund Beekman v. Excelsior Insurance Co., et al., No. 3:14-CV-00363, D. N.J.; 2014 U.S. Dist. LEXIS 21864).
WASHINGTON, D.C. - A New Jersey federal judge erred in finding that two defendants infringed a patent for the reflux drug Prevacid but properly deemed the patent valid, the Federal Circuit U.S. Court of Appeals ruled Feb. 20 (Takeda Pharmaceutical Company Limited, et al. v. Zydus Pharmaceuticals USA Inc., No. 13-1406, Fed. Cir.).
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Feb. 18 selected the U.S. District Court for the District of New Jersey as the proper venue to consolidate two actions involving defects in a deck building product (In re AZEK Building Products Inc. Marketing and Sales Practices Litigation, MDL-2506, JPMDL).
NEW YORK - The Royal Bank of Scotland Group (RBS) will pay $275 million to settle claims that it concealed the investment quality of certain mortgage-backed securities sold in stock offerings in violation of federal securities laws, according to a press release issued Feb. 20 (New Jersey Carpenters Vacation Fund v. Harborview Mortgage Loan Trust 2006-4, et al., No. 08-5093, S.D. N.Y.).
TRENTON, N.J. - After finding that expert opinions on mold exposure and chemicals were deficient, a New Jersey appeals court on Feb. 19 affirmed dismissal of a case filed by a man who alleged that he suffered personal injuries as result of exposures to various substances in a vehicle he purchased (Jeffrey Bello v. Lexus, a division of Toyota Motor Sales, U.S.A., et al., No. A-3556-12T1, N.J, Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 327).
NEW BRUNSWICK, N.J. - A man's testimony about the type of work he performed, the conditions at the premises and the owner's control allow for at least a reasonable inference of liability, a New Jersey judge held Feb. 6 (Arthur G. Whelan v. BASF Corp., et al., No. L-7161-12AS, N.J. Super., Middlesex Co.).
NEW BRUNSWICK, N.J. - A man's testimony about the type of work he performed, the conditions at the premises and the owner's control allows for at least a reasonable inference of liability, a New Jersey judge held Feb. 6 (Arthur G. Whelan v. BASF Corp., et al., No. L-7161-12AS, N.J. Super., Middlesex Co.).
HACKENSACK, N.J. - Merck & Co. subsidiary Organon has agreed to a $100 million nationwide settlement of all claims alleging blood clot injuries from the NuvaRing contraceptive device, according to a master settlement agreement filed Feb. 7 in a New Jersey and a federal court (In Re: NuvaRing Litigation, No. 284, N.J. Super., Bergen Co.; In Re: NuvaRing Products Liability Litigation, MDL Docket No. 1964, No. 4:08-md-1964, E.D. Mo.).
NEW YORK - The federal judge in New York overseeing litigation arising from contamination allegedly caused by the gasoline additive methyl tertiary butyl ether (MTBE) on Feb. 6 awarded summary judgment to Chevron U.S.A. (CUSA) after barring the New Jersey Department of Environmental Protection's (NJDEP) theory of liability against the company (In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, MDL No. 1358, Case No. 00-1898, New Jersey Department of Environmental Protection, et al. v. Atlantic Richfield Co., et al., No. 08 Civ. 00312, S.D. N.Y.).
NEWARK, N.J. - Sanofi-Aventis U.S. LLC can be added as a co-plaintiff in litigation concerning a patent for the pediatric leukemia drug Clorar, a New Jersey federal judge ruled Feb. 4 (Southern Research Institute et al. v. Abon Pharmaceuticals LLC, No. 12-4709, D. N.J.).
NEW YORK - The U.S. Environmental Protection Agency on Jan. 30 ordered NL Industries Inc. to conduct a $79 million cleanup of the Raritan Bay Slag Superfund site in Middlesex County, N.J., that contains soil and sediment contaminated by lead-containing waste (In the matter of Raritan Bay Slag Superfund Site Middlesex County, New Jersey, EPA Docket No. CERCLA 02-2014-2012, EPA).
TRENTON, N.J. - A New Jersey federal judge in a Jan. 30 unpublished opinion granted a motion to dismiss brought by defendants in a health care reimbursement dispute, saying the patient's health care plan contained a valid anti-assignment of benefits provision that precluded the plaintiff provider from bringing the suit (Dr. Brian M. Torpey v. Blue Cross Blue Shield of Texas, at al., No. 12-7618, D. N.J.; 2014 U.S. Dist. LEXIS 11412).
ATLANTIC CITY, N.J. - Hoffman-La Roche timely warned about the risk of inflammatory bowel disease (IBD) from Accutane, and the drug did not cause IBD-related injuries to a woman who took it, counsel for the company told a New Jersey state court jury on Jan. 31 in opening arguments for a retrial of the case (Kamie Kendall v. Hoffman-La Roche, No.M-165/166 September Term 2013, No. 073081, N.J. Sup., Atlantic Co.).
NEWARK, N.J. - With allegations including breach of contract, negligence and consumer fraud, a husband and wife on Jan. 28 filed suit against their health care provider in New Jersey federal court related to the theft of two of the companies' laptops that may have contained sensitive customer information (Karen Pekelney, et al. v. Horizon Healthcare Services Inc., No. 2:14-cv-00584, D. N.J.).
CAMDEN, N.J. - A New Jersey federal judge on Jan. 29 conditionally certified a class of window installers suing for unpaid wages under the Fair Labor Standards Act (FLSA) but declined to certify an opt-out state wage class action (Fred Adami, et al. v. Cardo Windows, Inc., et al., No. 12-2804, D. N.J.; 2014 U.S. Dist. LEXIS 10805).