LexisNexis® Legal Newsroom
Mealey's Insurance - Insurer Intervenes In Suit Alleging Sexual Assault By Rutgers Football Player

TRENTON, N.J. - A homeowners insurer filed a declaratory judgment complaint in federal court in New Jersey on April 21 after intervening in a lawsuit alleging that two Rutgers University students, including one football player, sexually assault another student on campus (K.L. v. Rutgers, The State University of New Jersey, et al., No. 16-9270, D. N.J.).

Mealey's IP/Tech - Claims In Trade Secrets Suit Substantially Survive Dismissal Motion

NEWARK, N.J. - A federal judge in New Jersey on April 17 substantially denied a motion to dismiss filed by defendants in a copyright infringement and misappropriation of trade secrets lawsuit, ruling that a company has properly pleaded its claims against a majority of the defendants in the action (Jorgensen & Co. v. Gary Sutherland, et al., No. 15-7373, D. N.J., 2017 U.S. Dist. LEXIS 59108).

Mealey's Toxic Tort/Environmental - New Jersey Residents: Case Against Smelter Is Valid

TRENTON, N.J. - A group of New Jersey residents on April 16 filed a brief in New Jersey federal court contending that their complaint against a refining company alleging contamination from heavy metals asserts valid claims (Juan Duarte, et al. v. United States Metal Refining Company, No. 17-1624, D. N.J.).

Mealey's Insurance - Fact Issues Exist On When Damage Manifested Under Insurance Policies, Judge Says

TRENTON, N.J. - Factual issues remain on whether damage caused by a window subcontractor manifested before or after an insurer's policy periods, a New Jersey federal judge ruled April 12, denying summary judgment to two insurers in a contribution lawsuit over defense costs incurred by the one insurer in a construction defects case (American Fire and Casualty Co. v. Crum & Forster Specialty Insurance Co., No. 14-04696, D. N.J., 2017 U.S. Dist. LEXIS 56450).

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Dismissal Of ERISA Suit On Res Judicata Grounds

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on April 11 affirmed a New Jersey federal court's dismissal of a lawsuit challenging a ruling that a man was ordered to reimburse a health benefit plan after he obtained a settlement from a third party for injuries he suffered in an accident, saying the lawsuit is barred by the doctrine of res judicata (Bernard McLaughlin, et al. v. Board of Trustees of the National Elevator Industry Health Benefit Plan, No. 16-4108, 3rd Cir., 2017 U.S. App. LEXIS 6195).

Mealey's Litigation Procedure - Target Team Leaders Accept $83,000 Offer To End Collective Wage-And-Hour Action

TRENTON, N.J. - Two former executive team leaders on April 6 accepted a $83,000 offer of judgment filed in the U.S. District Court for the District of New Jersey by Target Corp. and Target Corporation of Minnesota (collectively, Target), ending their proposed collective action that accused the retailer of misclassifying them as exempt from receiving overtime pay (Richard Locicero, et al. v. Target Corporation, et al., No. 16-5592, D. N.J.).

Mealey's Insurance - Federal Judge Denies Reconsideration Of Ruling In Contamination Dispute

TRENTON, N.J. - A New Jersey federal judge on April 5 denied motions for reconsideration filed by two insurers and their insured after determining that the court did not commit a clear error of law in interpreting the applicability of the policies' per-occurrence limits and absolute pollution exclusion in an environmental contamination dispute (Castoro & Co. Inc. v. Hartford Accident and Indemnity Co. Inc., et al., No. 14-1305, D. N.J., 2017 U.S. Dist. LEXIS 52140).

Mealey's PI/Product Liability - Lead Plaintiffs Appointed In Securities Suit Against Medical Equipment Developer

SOUTH BEND, Ind. - A group of shareholders have met all statutory requirements to serve as lead plaintiffs in a securities class action lawsuit against a medical equipment developer and certain of its executive officers, a federal judge in New Jersey ruled April 3 in granting their motion for appointment as lead plaintiffs (Rajesh M. Shah v. Zimmer Biomet Holdings Inc., et al., No. 16-0815, N.D. Ind., 2017 U.S. LEXIS 50236).

Mealey's Litigation Procedure - Lead Plaintiffs Appointed In Securities Suit Against Medical Equipment Developer

SOUTH BEND, Ind. - A group of shareholders have met all statutory requirements to serve as lead plaintiffs in a securities class action lawsuit against a medical equipment developer and certain of its executive officers, a federal judge in New Jersey ruled April 3 in granting their motion for appointment as lead plaintiffs (Rajesh M. Shah v. Zimmer Biomet Holdings Inc., et al., No. 16-0815, N.D. Ind., 2017 U.S. LEXIS 50236).

Mealey's Securities/D&O Liability - Lead Plaintiffs Appointed In Securities Suit Against Medical Equipment Developer

SOUTH BEND, Ind. - A group of shareholders have met all statutory requirements to serve as lead plaintiffs in a securities class action lawsuit against a medical equipment developer and certain of its executive officers, a federal judge in New Jersey ruled April 3 in granting their motion for appointment as lead plaintiffs (Rajesh M. Shah v. Zimmer Biomet Holdings Inc., et al., No. 16-0815, N.D. Ind., 2017 U.S. LEXIS 50236).

Mealey's Insurance - Lack Of Insurance Bad Faith Evidence Leads To Dismissal In Coverage Dispute

CAMDEN, N.J. - Insureds have failed to provide sufficient evidence to show that their homeowners insurance provider acted in bad faith in denying their claim for coverage, a federal judge in New Jersey ruled April 3 in granting the insurer's motion to dismiss (William Williams, et al. v. State Farm Fire & Casualty Insurance Co., No. 16-9028, D. N.J., 2017 U.S. Dist. LEXIS 50261).

Mealey's PI/Product Liability - Judge: Investors Failed To Properly Service Drug Company's Director

NEWARK, N.J. - Dismissal of claims against a pharmaceutical company's director in a securities class action lawsuit is proper because lead plaintiffs failed to serve the director within the statutorily required 120-time period and failed to show that an extension of that time period is warranted, a federal judge in New Jersey ruled March 31 in granting the director's motion to dismiss (Robin J. Dartell, et al. v. Tibet Pharmaceuticals Inc., et al., No. 14-3620, D. N.J., 2017 U.S. Dist. LEXIS 48915).

Mealey's Litigation Procedure - Judge: Investors Failed To Properly Service Drug Company's Director

NEWARK, N.J. - Dismissal of claims against a pharmaceutical company's director in a securities class action lawsuit is proper because lead plaintiffs failed to serve the director within the statutorily required 120-time period and failed to show that an extension of that time period is warranted, a federal judge in New Jersey ruled March 31 in granting the director's motion to dismiss (Robin J. Dartell, et al. v. Tibet Pharmaceuticals Inc., et al., No. 14-3620, D. N.J., 2017 U.S. Dist. LEXIS 48915).

Mealey's Insurance - Federal Judge Rules In Flood Insurer's Favor In Superstorm Sandy Dispute

CAMDEN, N.J. - A New Jersey federal judge on March 31 granted a federal flood insurer's motion for summary judgment in a Superstorm Sandy coverage dispute, rejecting the insured's argument that bulletins from Federal Emergency Management Agency waived the proof-of-loss requirement and extended the time under which she could file her coverage lawsuit (Theresa Caivano v. Allstate Insurance Co., No. 15-5791, D. N.J., 2017 U.S. Dist. LEXIS 50490).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Properly Service Drug Company's Director

NEWARK, N.J. - Dismissal of claims against a pharmaceutical company's director in a securities class action lawsuit is proper because lead plaintiffs failed to serve the director within the statutorily required 120-time period and failed to show that an extension of that time period is warranted, a federal judge in New Jersey ruled March 31 in granting the director's motion to dismiss (Robin J. Dartell, et al. v. Tibet Pharmaceuticals Inc., et al., No. 14-3620, D. N.J., 2017 U.S. Dist. LEXIS 48915).

Mealey's IP/Tech - New Jersey Federal Judge Grants Howard Johnson Judgment Against Franchisee

NEWARK, N.J. - A New Jersey federal judge on April 3 granted Howard Johnson International Inc.'s (HJI) unopposed motion for summary judgment on breach of contract, breach of guarantee and Lanham Act claims against a franchisee, saying the franchisee did not provide any information refuting HJI's claims (Howard Johnson International Inc. v. SSR Inc., et al., No. 14-4611, D. N.J., 2017 U.S. Dist. LEXIS 51109).

Mealey's PI/Product Liability - Judge Bars Testimony As Unreliable, Denies Judgment On Failure-To-Warn Claim

TRENTON, N.J. - Finding an expert's testimony on the placement of a warning label on a watercraft unreliable, a New Jersey federal judge on March 31 ruled that summary judgment is still not appropriate on a failure-to-warn claim because there is a genuine dispute of material fact as to whether the two existing warnings on the watercraft were adequate (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 15-49, D. N.J., 2017 U.S. Dist. LEXIS 48908).

Mealey's Insurance - Judge: Jury Must Decide If Enforceable Settlement Exists In Sandy Dispute

CAMDEN, N.J. - A New Jersey federal judge on March 31 denied an insurer's motions for summary judgment in a breach of contract and bad faith lawsuit arising from wind damage caused by Superstorm Sandy (Coleman Enterprises Co. v. Scottsdale Insurance Co., No. 14-07533, D. N.J., 2017 U.S. Dist. LEXIS 50078).

Mealey's Litigation Procedure - Judge Bars Testimony As Unreliable, Denies Judgment On Failure-To-Warn Claim

TRENTON, N.J. - Finding an expert's testimony on the placement of a warning label on a watercraft unreliable, a New Jersey federal judge on March 31 ruled that summary judgment is still not appropriate on a failure-to-warn claim because there is a genuine dispute of material fact as to whether the two existing warnings on the watercraft were adequate (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 15-49, D. N.J., 2017 U.S. Dist. LEXIS 48908).

Mealey's Toxic Tort/Environmental - Judge: Discovery Needed To Interpret Meaning Of Environmental Activities

NEWARK, N.J. - A federal judge in New Jersey on April 3 denied General Electric Co.'s (GE) motion to dismiss a lawsuit seeking cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act for contamination at a site sold to a developer in 2015, ruling that discovery is needed to find the definition of "environmental response activities" in the indemnity and settlement agreement (ISA) (BRG Harrison Lofts Urban Renewal LLC v. General Electric Company, No. 16-6577, D. N.J., 2017 U.S. Dist. LEXIS 50265).

Mealey's PI/Product Liability - U.S. High Court Won't Review New Jersey Failure-To-Update Metoclopramide Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on April 3 denied review of a New Jersey Supreme Court ruling that allows failure-to-warn claims against generic drug manufacturers who fail to update their labels to warn against risks that are part of the predecessor brand-name drug's label (In Re Reglan Litigation, PLIVA, Inc., et al. v. Phyllis Kohles, et al., No. 16-684, U.S. Sup.).

Mealey's Insurance - Judge Rules On Insurer's Duty To Hurricane Sandy Claims Based On Expert Testimony

TRENTON, N.J. - After finding expert testimony on the scope and value of damages incurred by two supermarkets during Hurricane Sandy to be admissible, a New Jersey federal judge on March 28 granted in part and denied in part summary judgment to an insurer (MD Retail Corp. d/b/a Monmouth Beach Supermarket and MS Retail Corp. d/b/a Sea Bright Supermarket v. AmGuard Insurance Group, No. 14-6589, D. N.J., 2017 U.S. Dist. LEXIS 44996).

Mealey's Litigation Procedure - Judge Denies Certification Of Class Over Defective Shingles, Strikes Some Experts

TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).

Mealey's PI/Product Liability - Judge Denies Certification Of Class Over Defective Shingles, Strikes Some Experts

TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).

Mealey's Litigation Procedure - Judge Rules On Insurer's Duty To Hurricane Sandy Claims Based On Expert Testimony

TRENTON, N.J. - After finding expert testimony on the scope and value of damages incurred by two supermarkets during Hurricane Sandy to be admissible, a New Jersey federal judge on March 28 granted in part and denied in part summary judgment to an insurer (MD Retail Corp. d/b/a Monmouth Beach Supermarket and MS Retail Corp. d/b/a Sea Bright Supermarket v. AmGuard Insurance Group, No. 14-6589, D. N.J., 2017 U.S. Dist. LEXIS 44996).