LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - New Jersey Appeals Panel Says Plaintiff Can Sue For Most Recent Recall Of Wipes

TRENTON, N.J. - A New Jersey appeals court on Feb. 16 said a plaintiff who claims that he was infected by recalled medical wipes missed the state statute of limitations for one lot but not the second (Kenneth Nicolosi, et al. v. Smith and Nephew, Inc., et al., No. 1-1108-15T2, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 389).

Mealey's Toxic Tort/Environmental - Groundwater Contamination Case Should Be Stayed Pending Appeal, Groups Argue

TRENTON, N.J. - Environmental advocacy groups on Feb. 14 filed a brief in New Jersey federal court contending that the court should stay their groundwater contamination case against NL Industries Inc. pending appeal (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.).

Mealey's Insurance - Judge Rules In Insurer's Favor In Suit Arising From Superstorm Sandy Flood Damage

CAMDEN, N.J. - A New Jersey federal judge on Feb. 14 granted a federal flood insurer's motion for summary judgment in a lawsuit brought by insureds seeking a declaration that they are entitled to coverage and compensatory damages stemming from the insurer's purported mishandling of their Superstorm Sandy flood claim (Herbert Ruth and Danna Ruth v. Selective Insurance Company of America, No. 15-2616, D. N.J., 2017 U.S. Dist. LEXIS 20534).

Mealey's Insurance - Federal Judge Refuses To Dismiss Insurers' Claim Under Defend Trade Secrets Act

TRENTON, N.J. - A New Jersey federal judge on Feb. 7 refused to dismiss insurers' federal claims under the Defend Trade Secrets Act of 2016 (DTSA) and the Computer Fraud and Abuse Act (CFAA) in their lawsuit alleging that the defendant competitors "willfully and maliciously" targeted and solicited at least 15 of their employees for employment (Chubb INA Holdings Inc. [f/k/a The Chubb Corporation], et al. v. Michael Chang, et al., No. 16-2354, D. N.J., 2017 U.S. Dist. LEXIS 16744).

Mealey's Insurance - Judge: Developer Has No Insurable Interest, Is Not Entitled To Building Coverage

TRENTON, N.J. - A New Jersey federal judge on Feb. 8 found that the developer of a condominium that is also a member of the insured condominium association does not have an insurable interest and is not entitled to building coverage under a standard flood insurance policy (SFIP), granting the insurer's motion for summary judgment in a dispute over coverage for flood damage caused when the Raritan River overflowed (Branchburg Commerce Park, LLC v. Hartford Insurance Company of the Midwest, et al., No. 15-6719, D. N.J.; 2017 U.S. Dist. LEXIS 17518).

Mealey's IP/Tech - Federal Judge Refuses To Dismiss Insurers' Claim Under Defend Trade Secrets Act

TRENTON, N.J. - A New Jersey federal judge on Feb. 7 refused to dismiss insurers' federal claims under the Defend Trade Secrets Act of 2016 (DTSA) and the Computer Fraud and Abuse Act (CFAA) in their lawsuit alleging that the defendant competitors "willfully and maliciously" targeted and solicited at least 15 of their employees for employment (Chubb INA Holdings Inc. [f/k/a The Chubb Corporation], et al. v. Michael Chang, et al., No. 16-2354, D. N.J., 2017 U.S. Dist. LEXIS 16744).

Mealey's Litigation Procedure - Magistrate Judge: Information Created During ADR Process Is Not Discoverable

NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 7 denied a motion to compel filed by a third-party defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit seeking information from another third party, holding that information created as part of an alternative dispute resolution (ADR) process is not discoverable (New Jersey Department of Environmental Protection, et al. v. American Thermoplastics Corp., et al., No. 98-CV-4781, D. N.J., 2017 U.S. Dist. LEXIS 16743).

Mealey's Toxic Tort/Environmental - Magistrate Judge: Information Created During ADR Process Is Not Discoverable

NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 7 denied a motion to compel filed by a third-party defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit seeking information from another third party, holding that information created as part of an alternative dispute resolution (ADR) process is not discoverable (New Jersey Department of Environmental Protection, et al. v. American Thermoplastics Corp., et al., No. 98-CV-4781, D. N.J., 2017 U.S. Dist. LEXIS 16743).

Mealey's Health Law - Judge Orders Liquidation Of ACA Health Care Provider

TRENTON, N.J. - A New Jersey judge on Feb. 3 ordered a Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation and appointed the state's insurance commissioner as liquidator (In the Matter of Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chanc. Div.).

Mealey's Insurance - Judge Enters Default Judgment Against Lawyer In Professional Liability Dispute

NEWARK, N.J. - A New Jersey federal judge on Feb. 3 granted a lawyers professional liability insurer's motion for a default judgment against its attorney insured, finding that the insured knowingly made material misrepresentations on his insurance applications and that the insurer will also suffer prejudice if the default is denied (Liberty Insurance Underwriters, Inc. v. James H. Wolfe, III, et al., No. 16-2353, D. N.J., 2017 U.S. Dist. LEXIS 16295).

Mealey's Insurance - Judge Orders Liquidation Of ACA Health Care Provider

TRENTON, N.J. - A New Jersey judge on Feb. 3 ordered a Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation and appointed the state's insurance commissioner as liquidator (In the Matter of Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chanc. Div.).

Mealey's Insurance - New Jersey High Court: Assignment Valid; Coverage Owed For Environmental Claims

TRENTON, N.J. - The New Jersey Supreme Court on Feb. 1 affirmed that an assignment of rights under numerous insurance policies issued between 1964 and 1986 is enforceable and valid because the assignment was made after the loss occurred and the insurers' obligation to insure the risk under the policies was not altered by the assignment to a successor company (Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., et al., No. 2015, 076523, N.J. Sup., 2017 N.J. LEXIS 121).

Mealey's Insurance - Federal Judge: Fact Issues Exist As To Proof Of Loss In Superstorm Sandy Dispute

CAMDEN, N.J. - Finding that there are genuine issues of material fact as to whether an insured submitted and an insurer received a proof of loss for the insured's Superstorm Sandy damage, a New Jersey federal judge on Jan. 31 denied the insurer's motion for summary judgment in the resulting coverage dispute (Gregg S. Balin v. New Jersey Manufacturers Insurance Co., No. 14-5001, D. N.J., 2017 U.S. Dist. LEXIS 12952).

Mealey's Toxic Tort/Environmental - New Jersey Governor, School: Case Alleging Lead-Tainted Drinking Water Fails

TRENTON, N.J. - New Jersey Gov. Chris Christie, members of his administration and the State-Operated School District of the City of Newark, N.J., on Jan. 30 filed two briefs in New Jersey federal court arguing that the lawsuit brought by residents who contend that the state and the school district are liable for lead-contaminated drinking water in the school district should be dismissed for lack of standing and failure to state a claim (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).

Mealey's Litigation Procedure - Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit

NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).

Mealey's Antitrust/Unfair Competition - Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit

NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).

Mealey's PI/Product Liability - Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit

NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).

Mealey's Insurance - Judge: Insureds' Claim Is 'Directly Contradicted' By Federal Law And Regulations

CAMDEN, N.J. - A New Jersey federal judge on Jan. 25 granted a federal flood insurer's motion for summary judgment in its insureds' lawsuit seeking coverage for additional Superstorm Sandy damages, finding that the insureds' failure to submit a supplemental proof of loss defeats their claim (Thomas Rossetti and Yana Rossetti v. Selective Insurance Company of America, No. 15-5737, D. N.J.; 2017 U.S. Dist. LEXIS 10670).

Mealey's PI/Product Liability - Plaintiffs Leadership Named In Invokana MDL

TRENTON, N.J. - The New Jersey federal judge overseeing the Invokana multidistrict litigation on Jan. 24 appointed 14 plaintiff attorneys to leadership positions (In Re: Invokana [Canagliflozin] Products Liability Litigation, MDL Docket No. 16-md-2750, D. N.J.).

Mealey's Insurance - Judge: Factors Weigh In Favor Of Setting Aside Default Entered Against Attorney

NEWARK, N.J. - A New Jersey federal judge on Jan. 23 granted an attorney insured's motion to set aside a default entered against him in a dispute over professional liability coverage for underlying legal malpractice claims (Wesco Insurance Co. v. Michael S. Shuhala, et al., No. 16-2106, D. N.J.; 2017 U.S. Dist. LEXIS 8581).

Mealey's IP/Tech - Federal Magistrate Judge Allows Amended Trade Secret, Patent Claims

TRENTON, N.J. - A dispute over methodologies and inventions used in the gaming industry will proceed with new allegations of trade secret misappropriation and patent infringement, a New Jersey federal magistrate judge ruled Jan. 24 in an unpublished decision (High Five Games LLC v. Daniel Marks, et al., No. 13-7161, D. N.J.; 2017 U.S. Dist. LEXIS 9302).

Mealey's PI/Product Liability - Accutane Claim Not Time-Barred, New Jersey Supreme Court Says; $25M Verdict Is Back

TRENTON, N.J. - A unanimous New Jersey Supreme Court on Jan. 24 reinstated a $25.15 million Accutane bowel injury verdict after finding that New Jersey's statute of limitations and discovery rule apply to the plaintiff's claim and not Alabama's more restrictive law (Andrew McCarrell v. Hoffman-La Roche, Inc., et al., No. A-28 September Term 2015 076524, N.J. Sup.; 2017 N.J. LEXIS 19).

Mealey's Insurance - New Jersey Federal Judge Caps Limits For Missing Policies In Environmental Dispute

NEWARK, N.J. - A New Jersey federal judge on Jan. 19 partially granted an insurer's motion for summary judgment in an environmental contamination coverage suit involving missing policies after determining that the limits for the missing policies must be capped at $5,000 per accident and $25,000 in the aggregate (E.M. Sergeant Pulp & Chemical Co. Inc., et al. v. The Travelers Indemnity Co. Inc., et al., No. 12-1741, D. N.J.; 2017 U.S. Dist. LEXIS 7231).

Mealey's PI/Product Liability - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No. 15-8466, D. N.J.; 2016 U.S. Dist. LEXIS 181534).

Mealey's Litigation Procedure - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No. 15-8466, D. N.J.; 2016 U.S. Dist. LEXIS 181534).