LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Family Sues New Jersey Insurance Guaranty Association For Benefits

NEWARK, N.J. - A New Jersey mother and her minor daughter filed a personal injury lawsuit on Jan. 22 against a driver and the state's insurance guaranty association, alleging that they are entitled to uninsured motorist benefits for the driver's negligence (Shamya Tillery, et al. v. Lynnes Nissan, et al., No. ESX-L-000497-18, N.J. Super., Essex Co.).

Mealey's Insurance - Family Sues New Jersey Insurance Guaranty Association For Benefits

NEWARK, N.J. - A New Jersey mother and her minor daughter filed a personal injury lawsuit on Jan. 22 against a driver and the state's insurance guaranty association, alleging that they are entitled to uninsured motorist benefits for the driver's negligence (Shamya Tillery, et al. v. Lynnes Nissan, et al., No. ESX-L-000497-18, N.J. Super., Essex Co.).

Mealey's IP/Tech - New Jersey Federal Judge Won't Dismiss Induced, Willful Infringement Claims

TRENTON, N.J. - Efforts by Telebrands Inc. - maker of the "Polar Pooch" self-cooling mat - to obtain dismissal of allegations that it induced others to infringe two cooling platform patents were unsuccessful Jan. 24, when a New Jersey federal judge deemed the claim sufficient under the Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), pleading standards (The Green Pet Shop Enterprises LLC v. Telebrands Inc., No. 17-6179, D. N.J.).

Mealey's Insurance - Panel Declines To Reopen Insurer's Liquidation For Decades-Old Proofs Of Claim

TRENTON, N.J. - A Michigan state road agency cannot reopen the liquidation of Integrity Insurance Co. to recover payouts from car accident claims, a New Jersey appeals panel affirmed Jan. 19, finding that the liquidation was properly finalized (In the matter of the liquidation of Integrity Insurance Co., No. A-3285-15T3, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 134).

Mealey's Litigation Procedure - Earnings Call Statements Not Protected By Safe Harbor Provision, Judge Rules

NEWARK, N.J. - Statements made by defendants in a securities class action lawsuit against a pet food company and certain of its executive officers in 2015 investor earnings calls were not forward-looking or protected by the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA), and the lead plaintiff has shown that the defendants knew that their statements were false when they made them, a federal judge in New Jersey ruled Jan. 12 in denying the defendants' motion to dismiss (Gary Curran v. Freshpet Inc., et al., No. 16-2263, D. N.J., 2017 U.S. Dist. LEXIS 5833).

Mealey's Litigation Procedure - N.J. Federal Judge Sends FACTA Receipt Class Suit Back To Illinois State Court

NEWARK, N.J. - A New Jersey federal judge on Jan. 11 adopted a federal magistrate judge's recommendations and sent a class complaint alleging that the printing of more than five digits of credit card numbers on receipts violated the Fair and Accurate Credit Transactions Act (FACTA) amendment to the Fair Credit Reporting Act back to an Illinois state court (Anita Parker, et al. v. J. Crew Grp., Inc., et al., No. 17-1214, D. N.J., 2018 U.S. Dist. LEXIS 5360).

Mealey's Securities/D&O Liability - Earnings Call Statements Not Protected By Safe Harbor Provision, Judge Rules

NEWARK, N.J. - Statements made by defendants in a securities class action lawsuit against a pet food company and certain of its executive officers in 2015 investor earnings calls were not forward-looking or protected by the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA), and the lead plaintiff has shown that the defendants knew that their statements were false when they made them, a federal judge in New Jersey ruled Jan. 12 in denying the defendants' motion to dismiss (Gary Curran v. Freshpet Inc., et al., No. 16-2263, D. N.J., 2017 U.S. Dist. LEXIS 5833).

Mealey's Health Law - 3rd Circuit Vacates Order Saying GEICO Need Not Pay $2.1M In Pending Claims

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 10 reversed a federal judge in New Jersey's ruling that allowed the Government Employees Insurance Co. (GEICO) to withhold payment on $2.1 million in pending personal injury protection (PIP) claims submitted by a neurology and rehabilitation facility, holding that under the New Jersey Automobile Insurance Cost Reduction Act, the dispute is subject to arbitration (Government Employees Insurance Co. v. Tri County Neurology & Rehab LLC, No. 17-2113, 3rd Cir., 2018 U.S. App. LEXIS 617).

Mealey's Litigation Procedure - N.J. Federal Judge Tosses Sherman Act Class Suit Over Range Rover Overseas Resales

NEWARK, N.J. - A Range Rover owner who alleged that the car marker's contract for buyers barring them from reselling their vehicles overseas violates the Sherman Act and numerous state antitrust and consumer protection laws may not proceed with his class claims because he failed to allege actions that restrained trade or identify a cognizable relevant market, a New Jersey federal judge ruled Jan. 9 (Brian Baar v. Jaguar Land Rover North America, LLC, et al., No. 17-4142, D. N.J., 2018 U.S. Dist. LEXIS 3867).

Mealey's Insurance - 3rd Circuit Vacates Order Saying GEICO Need Not Pay $2.1M In Pending Claims

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 10 reversed a federal judge in New Jersey's ruling that allowed the Government Employees Insurance Co. (GEICO) to withhold payment on $2.1 million in pending personal injury protection (PIP) claims submitted by a neurology and rehabilitation facility, holding that under the New Jersey Automobile Insurance Cost Reduction Act, the dispute is subject to arbitration (Government Employees Insurance Co. v. Tri County Neurology & Rehab LLC, No. 17-2113, 3rd Cir., 2018 U.S. App. LEXIS 617).

Mealey's Banking & Finance - Judge Remands Wells Fargo's Foreclosure Action For Lack Of Jurisdiction

NEWARK, N.J. - A New Jersey federal judge on Jan. 3 adopted a magistrate judge's report and recommendation that the court lacked jurisdiction over a bank's foreclosure-related action and ordered that the case be remanded to a state court (Wells Fargo Bank, N.A. v. Crystal Fenty Dey-El, et al., No. 17-1762, D. N.J., 2018 U.S. Dist. LEXIS 822).

Mealey's Litigation Procedure - Missouri Federal Judge Won't Compel Prescription Records In Drug Patent Case

ST. LOUIS - In a Jan. 2 memorandum, a Missouri federal judge quashed a motion to compel a Missouri-based pharmacy provider to comply with a subpoena duces tecum issued by a New Jersey federal judge overseeing patent litigation over the narcolepsy drug Xyrem (Par Pharmaceutical Inc. v. Express Scripts Specialty Distribution Services Inc., No. 17-510, E.D. Mo., 2018 U.S. Dist. LEXIS 197).

Mealey's IP/Tech - Missouri Federal Judge Won't Compel Prescription Records In Drug Patent Case

ST. LOUIS - In a Jan. 2 memorandum, a Missouri federal judge quashed a motion to compel a Missouri-based pharmacy provider to comply with a subpoena duces tecum issued by a New Jersey federal judge overseeing patent litigation over the narcolepsy drug Xyrem (Par Pharmaceutical Inc. v. Express Scripts Specialty Distribution Services Inc., No. 17-510, E.D. Mo., 2018 U.S. Dist. LEXIS 197).

Mealey's PI/Product Liability - New Jersey Appeals Panel Reverses Directed Verdict In Premises Liability Suit

NEWARK, N.J. - A New Jersey Superior Court Appellate Division panel on Dec. 29 reversed a trial court decision to grant a directed verdict in a premises liability suit after finding that a condominium association and its property manager had a duty to maintain common areas and replace a railing in the center of the stairs in a condominium building (Thomas G. Lechler, et al. v. 303 Sunset Avenue Condominium, et al., No. A-1095-16T3, N.J. Super., App. Div., 2017 N.J. Super. LEXIS 175).

Mealey's Toxic Tort/Environmental - New Jersey Appeals Court Affirms Company's $180,000 Penalty For Waste Violations

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not err when imposing a $180,000 penalty against a company for illegally storing hazardous waste in violation of New Jersey's Solid Waste Management Act and Spill Compensation and Control Act, a state appeals panel ruled Dec. 20, finding that there was no evidence disputing that the defendant company was liable for the violations (New Jersey Department of Environmental Protection v. Yates Foil USA Inc., et al., No. A-0874-15T1, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 3129).

Mealey's Labor & Employment - Anti-Assignment Provision Dooms Surgery Provider's ERISA Suit, Federal Judge Says

TRENTON, N.J. - While not all courts would enforce it, anti-assignment provisions are valid in Third Circuit U.S. Court of Appeals courts, a New Jersey federal judge held Dec. 19 in dismissing a provider's suit against a health care insurer (University Spine Center, et al. v. Aetna Inc., No. 17-7825, D. N.J., 2017 U.S. Dist. LEXIS 209101).

Mealey's Toxic Tort/Environmental - Panel Says Agency Violated Code In The Way It Set 'Specific Criteria' For Water

TRENTON, N.J. - A New Jersey appellate panel on Dec. 19 reversed and remanded a ruling by the New Jersey Department of Environmental Protection (DEP) regarding specific groundwater quality criteria for perfluorononanoic acid (PFOA), concluding that the state administrative code expressly limits the DEP's authority to establish "specific criteria" with the expectation that they "shall be replaced with specific criteria as soon as reasonably possible by rule" (Chemistry Council of New Jersey v. New Jersey Department of Environmental Protection, No. A-1439-15T4 and Solvay Specialty Polymers USA LLC v. New Jersey Department of Environmental Protection, No. A-1442-15T1 and Arkema Inc. v. New Jersey Department of Environmental Protection, No. A-1917-15T1, N.J. Super., App. Div.).

Mealey's Labor & Employment - $50M Punitive Damages Award In Age Bias Suit Is Set Aside; New Trial Granted

CAMDEN, N.J. - Calling a jury's punitive damages verdict in favor of a former Lockheed Martin Corp. employee on his claims of age discrimination a shock to "this court's conscience," a New Jersey federal judge on Dec. 18 granted a motion for a new trial filed by Lockheed as to the $50 million award (Robert Braden v. Lockheed Martin Corp., No. 14-4215, D. N.J., 2017 U.S. Dist. LEXIS 207236).

Mealey's PI/Product Liability - Panel Upholds Dismissal Of Case Against New Jersey Insurance Guaranty Association

JERSEY CITY, N.J. - A New Jersey appeals panel on Dec. 15 affirmed the dismissal of a lawsuit against the state's insurance guaranty association and the state of New Jersey challenging the constitutionality of the New Jersey Property-Liability Insurance Guaranty Act (Annett Ruffin, et al. v. New Jersey Property-Liability Insurance Guaranty Association, No. A-1046-16T2, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 3097).

Mealey's Toxic Tort/Environmental - Insurer's Failure To Exclude Parties Was A Mistake, 3rd Circuit Says In Affirming

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Dec. 14 affirmed a New Jersey federal judge's ruling in favor of an insurer in an environmental contamination dispute after determining that the insurer's failure to exclude coverage to certain parties involved in the contamination dispute clearly was a mistake or scrivener's error (Indian Harbor Insurance Co. v. NL Environmental Management Services Inc., et al., Nos. 16-3262, 16-3293, 3rd Cir., 2017 U.S. App. LEXIS 25277).

Mealey's Insurance - Insurer's Failure To Exclude Parties Was A Mistake, 3rd Circuit Says In Affirming

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Dec. 14 affirmed a New Jersey federal judge's ruling in favor of an insurer in an environmental contamination dispute after determining that the insurer's failure to exclude coverage to certain parties involved in the contamination dispute clearly was a mistake or scrivener's error (Indian Harbor Insurance Co. v. NL Environmental Management Services Inc., et al., Nos. 16-3262, 16-3293, 3rd Cir., 2017 U.S. App. LEXIS 25277).

Mealey's PI/Product Liability - New Jersey State Court Jury Returns $15M Verdict In Ethicon Pelvic Mesh Trial

HACKENSACK, N.J. - A New Jersey state court jury on Dec. 14 awarded $15 million to a plaintiff and her husband in the state's second pelvic mesh trial (Elizabeth Hrymoc, et al. v. Ethicon, Inc., et al., No. L-13686-14, N.J. Super., Bergen Co.).

Mealey's PI/Product Liability - New Jersey Appeals Panel Orders New Trial in Premises Liability Suit

TRENTON, N.J. - In an unpublished opinion released Dec. 7, a two-judge panel of the New Jersey Superior Court Appellate Division of the Superior Court of New Jersey vacated a $434,000 verdict and ordered a new trial in a premises liability suit after finding that the verdict sheet was confusing to jurors and the attorney of a woman who injured herself on a flight of steps discussed fixes the owners made to the building after the accident, which goes against the New Jersey Rules of Evidence (Caritza Soler Torres v. Khamis Sumrein, et al., No. A-4887-15T1, N.J. Super., App. Div., N.J. Super. Unpub. LEXIS 3020).

Mealey's Toxic Tort/Environmental - N.J. Appeals Court Finds Agency Properly Issued Permit For Remediation Project

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not err when issuing a permit that allowed Princeton University to remediate a seven-acre site that was contaminated from previous pesticide use, a New Jersey appeals court ruled Dec. 1, finding that the notice provided to nearby residents was sufficient (Mark Smith, et al. v. New Jersey Department of Environmental Protection, No. A-1684-14T2, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 2970).

Mealey's PI/Product Liability - Medtronic Insulin Pump Case Dismissed As Preempted, But Plaintiff Can Refile

CAMDEN, N.J. - A New Jersey federal judge on Nov. 30 said that a plaintiff's claims involving an allegedly defective Medtronic Inc. insulin pump are preempted but that in light of the seriousness of the plaintiff's alleged injuries, the plaintiff can file an amended complaint to assert claims that will parallel federal regulations (Kevin Hart v. Medtronic, Inc., et al., No. 16-5404, D. N.J.).