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).
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 federal judge in New Jersey on Jan. 27 denied a motion to certify a class of borrowers who claim that they were overcharged for title insurance when refinancing their home mortgage loans after finding that the proposed class could not be ascertained and that individual issues predominated over classwide issues (Miriam Haskins, et al. v. First American Title Insurance Company, No. 10-5044, D. N.J.; 2014 U.S. Dist. LEXIS 9559).
TRENTON, N.J. - An insurer sufficiently asserted claims against insurance brokers for violation of the Lanham Act, state law libel and state law slander, a New Jersey federal judge held Jan. 28; however, the judge dismissed the insurer's claim under the New Jersey Insurance Trade Practices Act (ITPA) (New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton Inc. and Kevin Byrne, No. 12-05610, D. N.J.; 2014 U.S. Dist. LEXIS 10194).
NEWARK, N.J. - The U.S. Supreme Court's ruling in Federal Trade Commission v. Actavis does not apply to a settlement between a holder of a drug patent and a generic manufacturer that delays entry of a generic drug but does not involve a cash payment, a federal judge in New Jersey ruled Jan. 24 (In re: Lamictal Direct Purchaser Antitrust Litigation $(All Direct Purchaser Actions$), No. 12-995, D. N.J.; 2014 U.S. Dist. LEXIS 9257).
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on Jan. 21 granted a plaintiffs' motion to remand its health care reimbursement suit, saying neither complete preemption nor an embedded federal question of jurisdiction existed (MHA d/b/a Meadowlands Hospital Medical Center v. UnitedHealth Group Inc., et al., No. 13-6130, D. N.J.; 2014 U.S. Dist. LEXIS 7035).
TRENTON, N.J. - A federal judge in New Jersey on Jan. 10 filed an order dismissing a case involving an engineering firm that allegedly was negligent and breached express and implied warranties when designing precast panels for use in the construction of an ultraviolet water disinfection facility in Valhalla, N.Y., after being informed that an undisclosed settlement was reached (JPC Merger Sub LLC v. Baker Engineering and Risk Consultants Inc., No. 12-2825, D. N.J.).
NEWARK, N.J. - An insured cannot assert a bad faith counterclaim against its insurer for filing a suit to rescind insurance policies because allowing the bad faith counterclaim in response to the insurer's lawsuit would deny the insurer of its due process rights, a New Jersey federal judge said Jan. 9 (Nova Casualty Co. v. Col-Mar Apartments Inc., No. 13-04496, D. N.J.; 2014 U.S. Dist. LEXIS 2522).
NEW BRUNSWICK, N.J. - The New Jersey Superior Court Appellate Division on Jan. 9 affirmed dismissal of benzene soil contamination claims with prejudice against all defendants except an insurer whose policy did not contain a fuel-system exclusion (David Seltzer v. Kristofer Chiesa, et al., No. A-2393-11T3, N.J.. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 37).
NEWARK, N.J. - A federal judge in New Jersey on Jan. 6 dismissed a lawsuit brought by two plaintiff companies under the Comprehensive Environmental Response, Compensation, and Liability Act and for violations of other state laws after finding that the companies failed to sufficiently allege that the defendant disposed of hazardous materials on the property (Heller Urban Renewal LLC, et al. v. FER Boulevard Realty Corp., et al., No. 13-431, D. N.J.; 2014 U.S. Dist. LEXIS 1558).
CAMDEN, N.J. - Insureds' damages sustained to their home satisfy the definition of a "collapse" under their homeowners policy, a New Jersey federal judge ruled Dec. 31, granting summary judgment to the insureds on their breach of contract claim (Robert and Anna Tripodi v. Universal North America Insurance Co., No. 12-1828, D. N.J.; 2013 U.S. Dist. LEXIS 181807).
CAMDEN, N.J. - The judge assigned the consolidated Paulsboro train derailment litigation in the U.S. District Court for the District of New Jersey issued an order Dec. 31 denying a motion to remand filed by the plaintiffs in one of actions; the removing defendants met their burden of establishing diversity jurisdiction, according to the judge (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.; 2013 U.S. Dist. LEXIS 181812).
TRENTON, N.J. - Roxane Laboratories Inc. won the right Dec. 30 to add affirmative defenses of unclean hands and laches in response to allegations of patent infringement by a brand name drug maker (Jazz Pharmaceuticals Inc. v. Roxane Laboratories Inc., No. 10-6108, D. N.J.).
WASHINGTON, D.C. - A New Jersey federal judge's construction of the terms "alkaline salt" and "pharmaceutically acceptable salt" in two patents relating to the heartburn drug Nexium was not erroneous, the Federal Circuit U.S. Court of Appeals ruled Dec. 19 (AstraZeneca AB et al. v. Hanmi USA Inc., No. 13-1490, Fed. Cir.).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 17 declined review of a New Jersey state court's ruling that dismissal of a consumer's lawsuit pursuant to provisions of the Fair Credit Reporting Act (FCRA) is proper because of the statute's prohibition on state private rights of action on FCRA claims (James Wilson Dabney v. TD Bank NA, No. 13-308, U.S. Sup.).
TRENTON, N.J. - A New Jersey appeals court on Dec. 11 affirmed the dismissal of a wrongful-denial-of-health-benefits suit, saying that the plaintiff brought his challenge of the final decision denying the benefits in the wrong court (Irvin B. Beaver v. Magellan Health Services Inc., No. A-1311-12T3, N.S. Super., App. Div.; 2013 N.J. Super. LEXIS 175).
TRENTON, N.J. - Allegations of frivolous patent prosecution by Ford Motor Co. were rejected Dec. 5 by a New Jersey federal judge (Marlowe Patent Holdings v. Ford Motor Company, No. 11-7044, D. N.J.).
TRENTON - An insurer's reformation of two of a condominium association insured's four Standard Flood Insurance Policies (SFIPs) was mandated by federal law, a New Jersey federal judge ruled Dec. 4, dismissing with prejudice the insured's breach of contract claim based on those two policies (The Residences at Bay Point Condominium Association Inc. v. The Standard Fire Insurance Company, et al., No. 13-02380 (FLW)(LHG), D. N.J.; 2013 U.S. Dist. LEXIS 170811).
TRENTON - The New Jersey Supreme Court on Dec. 6 denied a petition for certification of a Superior Court ruling that Employee Retirement Income Security Act Section 514(a) expressly preempts a medical provider's claims against the ERISA plan for payment of the provider's customary fees for the services it rendered to patients, rather than the discounted fees the plan would have been legally entitled to pay had it not breached its contractual obligation for timely payment (St. Peter's University Hospital v. New Jersey Building Laborers Statewide Welfare Fund, et al. v. Union Labor Life Insurance Company, No. C-224 September Term 2013, N.J. Sup.).
TRENTON, N.J. - A New Jersey appellate panel on Nov. 26 rejected two parolees' facial challenge to a state law under which they were restricted from certain Internet use after serving their respective prison terms, finding that the restrictions were "reasonably crafted," and permitted the parolees to administratively appeal particular details of the restrictions (J.B., et al. v. New Jersey State Parole Board, No. A-5435-10T2, A-1459-11T2, A-2138-11T3, A-2448-11T2 and A-3256-11T2, N.J. Sup., App. Div.; 2013 N.J. Super. LEXIS 172).
TRENTON, N.J. - A trial court judge erred in permitting simultaneous discovery on an underinsured motorist (UIM) claim and a stayed insurance bad faith claim, a New Jersey appellate panel ruled Nov. 21, citing concerns over unnecessary expenditures of time and money, as well as possible prejudice to the insurer (James J. Procopio Jr. v. Government Employees Insurance Co., No. A-2313-12T2, N.J. Super., App. Div.; 2013 N.J. Super. LEXIS 167).