LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - New Jersey Jury Adds $1M In Punitive Damages To $6.5M Asbestos Award

NEW BRUNSWICK, N.J. - A New Jersey jury on Jan. 14 added $1 million in punitive damages to a $6.5 million award it gave to a couple for the man's exposure to asbestos in the heating and cooling industry, sources told Mealey Publications (William and Debbie Condon v. Advanced Thermal Hydronics, et al., No. MID-L-5695-13AS, N.J. Super., Middlesex Co.).

Mealey's Toxic Tort/Environmental - New Jersey Jury Adds $1M In Punitive Damages To $6.5M Asbestos Award

NEW BRUNSWICK, N.J. - A New Jersey jury on Jan. 14 added $1 million in punitive damages to a $6.5 million award it gave to a couple for the man's exposure to asbestos in the heating and cooling industry, sources told Mealey Publications (William and Debbie Condon v. Advanced Thermal Hydronics, et al., No. MID-L-5695-13AS, N.J. Super., Middlesex Co.).

Mealey's PI/Product Liability - N.J. Federal Judge Dismisses Football Helmet Complaint, Grants Leave To Amend

CAMDEN, N.J. - A class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others on the market does not meet the specificity requirements of Federal Rule of Civil Procedure (FRCP) 9(b), a federal judge in New Jersey ruled Jan. 15 (In re Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).

Mealey's Toxic Tort/Environmental - Companies To Pay $92M To Remediate Superfund Site In New Jersey

TRENTON, N.J. - The U.S. Environmental Protection Agency and several companies on Jan. 13 entered a consent decree in New Jersey federal court in which the companies agreed to spend nearly $92 million to remediate trichloroethylene (TCE) and perchloroethylene (PCE) contamination at the Pohatcong Valley Groundwater Contamination Superfund site in Warren County, N.J. (United States of America v. Pechiney Plastic Packaging Inc., et al., No. 09-5692; United States of America v. Bristol-Myers Squibb Company, et al., No. 13-5798, D. N.J.).

Mealey's Litigation Procedure - Judge Imposes Sanctions On Attorneys For Filing Unfounded Superstorm Sandy Suit

NEWARK, N.J. - A New Jersey federal judge on Jan. 13 revoked the pro hac vice admission of two attorneys and their law firm for one year after they failed to respond to an order to show cause as to why the court should not impose sanctions for filing a Superstorm Sandy lawsuit that lacked basis (Lighthouse Point Marina & Yacht Club LLC v. International Marine Underwriters, No. 14-2974 [WHW][CLW], D. N.J.; 2015 U.S. Dist. LEXIS 3827).

Mealey's Insurance - Judge Imposes Sanctions On Attorneys For Filing Unfounded Superstorm Sandy Suit

NEWARK, N.J. - A New Jersey federal judge on Jan. 13 revoked the pro hac vice admission of two attorneys and their law firm for one year after they failed to respond to an order to show cause as to why the court should not impose sanctions for filing a Superstorm Sandy lawsuit that lacked basis (Lighthouse Point Marina & Yacht Club LLC v. International Marine Underwriters, No. 14-2974 [WHW][CLW], D. N.J.; 2015 U.S. Dist. LEXIS 3827).

Mealey's IP/Tech - New Jersey Federal Judge Denies Dismissal In Patent Dispute

TRENTON, N.J. - Patent litigation over a phosphor-based light-emitting device (LED) will proceed in New Jersey federal court, a New Jersey federal judge ruled Jan. 12 (Honeywell International Inc. v. Cree Inc., No. 14-2004, D. N.J.; 2015 U.S. Dist. LEXIS 3061).

Mealey's IP/Tech - New Jersey Federal Judge: Contract Case Improperly Removed

TRENTON, N.J. - A dispute over a purchasing and licensing agreement that involved underlying patented technology should proceed in the Bergen County, N.J., Superior Court, Law Division, a New Jersey federal judge ruled Jan. 7 in what she deemed a case of first impression (Masimo Corporation v. Mindray DS USA Inc., et al., No. 14-405, D. N.J.; 2015 U.S. Dist. LEXIS 1210).

Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Petition To Enforce ICC Arbitration Award

NEWARK, N.J. - A New Jersey federal judge on Jan. 6 found that a Swiss corporation sufficiently pleaded its claims for breach of contract and piercing the corporate veil against a New Jersey resident and refused to dismiss its petition to confirm an international arbitration award (Indagro S.A. v. Veniamin Nilva, et al., No. 07-cv-03742, D. N.J.; 2015 U.S. Dist. LEXIS 787).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Defendants: Voluntary Dismissal Was Improper

CAMDEN, N.J. - The railroad companies being sued by New Jersey residents who contend that they were injured as result of exposure to vinyl chloride that was the result of a train derailment filed a brief on Dec. 22 in New Jersey federal court, arguing that the motions for voluntary dismissal filed by some plaintiffs should be vacated (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Bankruptcy - Housing Authority Fails To Prove Danger Of Asbestos Tiles, G-I Holdings Says

NEWARK, N.J. - The New York City Housing Authority's (NYCHA) attempt to recoup $500 million from reorganized building products company G-I Holdings Inc. for abatement of asbestos property damage should be rejected because the authority cannot support its allegations that asbestos products installed in its buildings are inherently dangerous to tenants or that the dangers of the products create a duty to abate in the interest of public safety, G-I argues in a Dec. 15 brief supporting a motion for summary judgment in New Jersey federal bankruptcy court (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy.).

Mealey's Labor & Employment - New Jersey Federal Magistrate Judge Approves $250,000 Travel Time Settlement

NEWARK, N.J. - A New Jersey federal magistrate judge on Dec. 12 granted final approval of a $250,000 settlement of a class complaint accusing a New Jersey employer of failing to pay for travel time and the correct prevailing wage rate (John Mulroy, et al. v. National Water Main Cleaning Company of New Jersey, No. 12-3669, D. N.J.; 2014 U.S. Dist. LEXIS 171904).

Mealey's PI/Product Liability - No Coverage Owed For Injuries Caused By Toxic Mold, New Jersey Panel Affirms

TRENTON, N.J. - Insurers owe no coverage for injuries sustained as a result of toxic mold because a fungus exclusion clearly bars coverage for the injuries, the Appellate Division of the New Jersey Superior Court said Dec. 11 (William Hurst, et al. v. American Zurich Insurance Co., et al., No. A-5447-12T4, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 2866).

Mealey's Toxic Tort/Environmental - No Coverage Owed For Injuries Caused By Toxic Mold, New Jersey Panel Affirms

TRENTON, N.J. - Insurers owe no coverage for injuries sustained as a result of toxic mold because a fungus exclusion clearly bars coverage for the injuries, the Appellate Division of the New Jersey Superior Court said Dec. 11 (William Hurst, et al. v. American Zurich Insurance Co., et al., No. A-5447-12T4, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 2866).

Mealey's Litigation Procedure - New Jersey Federal Magistrate Judge Approves $250,000 Travel Time Settlement

NEWARK, N.J. - A New Jersey federal magistrate judge on Dec. 12 granted final approval of a $250,000 settlement of a class complaint accusing a New Jersey employer of failing to pay for travel time and the correct prevailing wage rate (John Mulroy, et al. v. National Water Main Cleaning Company of New Jersey, No. 12-3669, D. N.J.; 2014 U.S. Dist. LEXIS 171904).

Mealey's Insurance - Judge Remands Insured's Coverage Suit Regarding Construction Defects Claim

TRENTON, N.J. - A New Jersey federal judge on Dec. 12 remanded an insured's coverage lawsuit against its insurer regarding a claim for defense and indemnification in a construction defects lawsuit because the underlying action involves the same parties and issues (Kane Builders Inc. v. Continental Casualty Co., No. 14-5804, D. N.J.; 2014 U.S. Dist. LEXIS 172591).

Mealey's Insurance - No Coverage Owed For Injuries Caused By Toxic Mold, New Jersey Panel Affirms

TRENTON, N.J. - Insurers owe no coverage for injuries sustained as a result of toxic mold because a fungus exclusion clearly bars coverage for the injuries, the Appellate Division of the New Jersey Superior Court said Dec. 11 (William Hurst, et al. v. American Zurich Insurance Co., et al., No. A-5447-12T4, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 2866).

Mealey's PI/Product Liability - N.J. Federal Judge Denies Bid To Delay Suit Against Wal-Mart For Truck Accident

TRENTON, N.J. - A federal judge in New Jersey on Dec. 12 denied a motion by the driver of a tractor-trailer owned by Wal-Mart Stores Inc. that struck a limousine in which actor-comedian Tracy Morgan was riding for an emergency order delaying proceedings in Morgan's civil action against Wal-Mart until after the court rules on his request for leave to intervene to seek a stay of the action pending the outcome of criminal charges against him (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).

Mealey's Insurance - Panel: Insured's Settlement Interfered With Insurer's Subrogation Rights

TRENTON, N.J. - An insured's settlement with co-defendants in a lawsuit interfered with an insurer's subrogation rights against the settling co-defendants, a New Jersey appeals panel ruled Dec. 11, finding that the insured was thus barred from pursuing a claim against the insurer (Anna Maria Nucci v. The American Insurance Co., et al., No. A-0147-13T1, N.J. Super., App. Div.).

Mealey's PI/Product Liability - JPMDL Centralizes Allegedly Defective Decking Suits In New Jersey

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on Dec. 12 centralized six lawsuits and four tag-along complaints claiming that Elk Cross Timber decking materials manufactured and sold by Building Materials Inc., doing business as GAF Materials Corp., is defective because it prematurely cracks and warps in the U.S. District Court for the District of New Jersey before Judge Jose L. Linares (In re: GAF Elk Cross Timbers Decking Marketing, Sales Practices and Products Liability Litigation, MDL 2577, JPMDL).

Mealey's Toxic Tort/Environmental - CSX: Paulsboro Vinyl Chloride Case Should Be Dismissed; Claims Not Stated

CAMDEN, N.J. - CSX Transportation Inc., a defendant in the consolidated Paulsboro train derailment litigation in the U.S. District Court for the District of New Jersey, on Dec. 4 filed an answer to an amended complaint filed by a plaintiff who had been previously dismissed from the litigation denying all allegations that it is liable for injuries caused by exposure to vinyl chloride. It also argues that the case should be dismissed for failure to state a claim (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Banking & Finance - Federal Judge Finds Action To Set Aside Foreclosure Is Barred

TRENTON, N.J. - After finding that an action to set aside a foreclosure was barred by the entire controversy doctrine, a New Jersey federal judge on Dec. 3 granted a motion filed by several banks to dismiss the case (Tommy Guaba, et al. v. World Savings Bank, FSB, et al., No. 14-2408, D. N.J.; 2014 U.S. Dist. LEXIS 167116).

Mealey's Labor & Employment - Fiduciaries Must Restore $4.69M In Diverted MEWA Plan Assets, Federal Judge Says

CAMDEN. N.J. - A named trustee of a multiemployer welfare arrangement (MEWA) and the marketer of the MEWA breached their fiduciary duties with regard to diverted funds that were plan assets within the meaning of the Employee Retirement Income Security Act, a federal judge in New Jersey ruled on remand from the Third Circuit U.S. Court of Appeals in an opinion filed Dec. 1 (Secretary of Labor v. James Doyle, et al., No. 05-cv-2264, D. N.J.; 2014 U.S. Dist. LEXIS 166354).

Mealey's Toxic Tort/Environmental - U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. - The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals' finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an "act of war" defense against claims seeking reimbursement for cleanup costs of toxic dust caused by the Sept. 11, 2001, attacks on the World Trade Center (WTC) (Cedar & Washington Associates, LLC v. The Port Authority of New York and New Jersey, et al., 14-239, U.S. Sup.).

Mealey's Insurance - U.S. High Court Denies Appeal In Suit Over Sept. 11 Toxic Dust Cleanup Costs

WASHINGTON, DC. - The U.S. Supreme Court on Dec. 1 rejected a petition challenging the Second Circuit U.S. Court of Appeals' finding that defendants in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit can raise an "act of war" defense against claims seeking reimbursement for cleanup costs of toxic dust caused by the Sept. 11, 2001, attacks on the World Trade Center (WTC) (Cedar & Washington Associates, LLC v. The Port Authority of New York and New Jersey, et al., 14-239, U.S. Sup.).