LexisNexis® Legal Newsroom
Mealey's IP/Tech - Google Wins Transfer Of Trademark Claims To California Court

TRENTON, N.J. - A forum selection clause for Google Play requiring that all disputes be resolved in California led a New Jersey federal judge on Aug. 13 to transfer allegations of contributory trademark infringement and tortious interference with prospective economic advantage there (Spy Phone Labs LLC v. Google Inc. et al., No. 14-6565, D. N.J.; 2015 U.S. Dist. LEXIS 106365).

Mealey's Litigation Procedure - New Jersey Appeals Court Affirms Vioxx Case Dismissal For Lack Of Expert Opinion

TRENTON, N.J. - A New Jersey appeals panel on Aug. 13 affirmed summary judgment in a lingering Vioxx heart injury case, saying the pro se plaintiff's sole expert report was "merely a conclusory statement" about the sequence of events and did not raise an issue of material fact (Antonio D. Denson, et al. v. Merck Sharp & Dohme Corp., No. A-5416-13T4, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1942).

Mealey's PI/Product Liability - New Jersey Appeals Court Affirms Vioxx Case Dismissal For Lack Of Expert Opinion

TRENTON, N.J. - A New Jersey appeals panel on Aug. 13 affirmed summary judgment in a lingering Vioxx heart injury case, saying the pro se plaintiff's sole expert report was "merely a conclusory statement" about the sequence of events and did not raise an issue of material fact (Antonio D. Denson, et al. v. Merck Sharp & Dohme Corp., No. A-5416-13T4, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1942).

Mealey's PI/Product Liability - Sidewalk In Residential Community Is Private Property, New Jersey High Court Rules

TRENTON, N.J. - The public-sidewalk immunity doctrine is not applicable to a claim for personal injuries suffered on a sidewalk in a common-interest community, the New Jersey Supreme Court ruled Aug. 12 (Cuiyun Qian v. Toll Brothers Inc., et al., No. A-95 September Term 2013, N.J. Sup.; 2015 N.J. LEXIS 825).

Mealey's Banking & Finance - Federal Judge Finds Foreclosure Claims Barred By Res Judicata

NEWARK, N.J. - A New Jersey federal judge on Aug. 11 granted a motion to dismiss filed by lenders, finding that a borrower's claims were completely barred by a previous related state court case and were time-barred (Lucia Perino v. Federal National Mortgage Association as trustee for Fannie Mae Remic Trust 2006-90, et al., No. 2:15-cv-01063, D. N.J.; 2015 U.S. Dist. LEXIS 104904).

Mealey's PI/Product Liability - $25M Accutane Verdict Vacated On Appeal In New Jersey On Law Choice, Limitations

TRENTON, N.J. - A New Jersey appeals panel on Aug. 11 vacated a $25 million Accutane bowel injury verdict after finding that Alabama's statute of limitations applied, rather than New Jersey's, and that the plaintiff's claim was time-barred (Andrew McCarrell v. Hoffman-La Roche, Inc., et al., No. A-4481-12T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1925).

Mealey's Insurance - Claimants Have No Standing To Assert Claims Against Insurers, New Jersey Panel Says

TRENTON, N.J. - The majority of the New Jersey Supreme Court on Aug. 6 affirmed a trial court's dismissal of bad faith and breach of contract claims against two insurers because the claimants have no standing, without an assignment of rights, to assert a direct claim against the insurers (John Ross, et al. v. Karen A. Lowitz, et al., No. 074200, N.J. Sup.; 2015 N.J. LEXIS 819).

Mealey's Toxic Tort/Environmental - 3rd Circuit: Judge Did Not Err When Denying Request To Modify Agreement

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 7 ruled that a federal judge in New Jersey did not err when denying a motion to modify a consent decree filed by nondebtor defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, finding that the prospectivity requirement of Federal Rule of Civil Procedure 60(b)(5) was not applicable (United States of America v. Alsol Corporation, et al., No. 14-3253, 3rd Cir.; 2015 U.S. App. LEXIS 13821).

Mealey's Toxic Tort/Environmental - New Jersey Property Owner Asks 3rd Circuit To Decide Claims Against Flintkote

WILMINGTON, Del. - A corporate property owner is taking its pursuit of state and federal environmental liability claims against Chapter 11 debtor The Flintkote Co. to the Third Circuit U.S. Court of Appeals, according to a notice of appeal the property owner filed Aug. 5 in Delaware federal court (8 E. Frederick Place LLC v. The Flintkote Co., et al., No. 12-1176, D. Del.).

Mealey's Bankruptcy - New Jersey Property Owner Asks 3rd Circuit To Decide Claims Against Flintkote

WILMINGTON, Del. - A corporate property owner is taking its pursuit of state and federal environmental liability claims against Chapter 11 debtor The Flintkote Co. to the Third Circuit U.S. Court of Appeals, according to a notice of appeal the property owner filed Aug. 5 in Delaware federal court (8 E. Frederick Place LLC v. The Flintkote Co., et al., No. 12-1176, D. Del.).

Mealey's Litigation Procedure - Final Approval Of $235M Settlement In Securities Class Action Granted

NEW YORK - A federal judge in New York on July 31 granted final approval of a $235 million settlement in a securities class action lawsuit, ruling that the settlement met all statutory guidelines for approval (New Jersey Carpenters Health Fund, et al. v. Residential Capital LLC, et al., No. 08-8781, S.D. N.Y.).

Mealey's Insurance - Federal Judge: Insured's Conduct In Superstorm Sandy Suit Is Not Excusable Neglect

TRENTON, N.J. - A New Jersey federal judge on July 31 refused to reopen a Superstorm Sandy coverage dispute, finding that the insured's lack of timeliness in filing her motion for relief weighs against reopening the case (Gloria Focazio v. Fidelity National Indemnity Insurance Co., No. 14-1062 [MAS] [TJB], D. N.J.; 2015 U.S. Dist. LEXIS 100699).

Mealey's Securities/D&O Liability - Final Approval Of $235M Settlement In Securities Class Action Granted

NEW YORK - A federal judge in New York on July 31 granted final approval of a $235 million settlement in a securities class action lawsuit, ruling that the settlement met all statutory guidelines for approval (New Jersey Carpenters Health Fund, et al. v. Residential Capital LLC, et al., No. 08-8781, S.D. N.Y.).

Mealey's Insurance - Judge: Insurance Company's Claims Over Life Insurance Scheme Are Timely

NEWARK, N.J. - A federal judge in New Jersey on July 31 denied a motion to dismiss filed by defendants accused of engaging in a scheme to sell a stranger-originated life insurance (STOLI) policy to third-party investors, finding that the plaintiff company's claims were timely and that the insurer sufficiently pleaded damages as a result of the alleged scheme (Pruco Life Insurance Company v. Denise Binday Koslowsky, et al., No. 14-03976, D. N.J.; 2015 U.S. Dist. LEXIS 100515).

Mealey's Insurance - Federal Judge Dismisses Superstorm Sandy Coverage Suit For Lack Of Jurisdiction

CAMDEN, N.J. - A New Jersey federal judge on July 27 dismissed an ambulance owner insured's lawsuit arising from Superstorm Sandy damage without prejudice, finding that the court never possessed federal jurisdiction to hear the case because there was no basis for alleging that the insurer violated the National Flood Insurance Act (Sea Bright First Aid Squad Inc. v. Arch Insurance Co., No. 14-1447, D. N.J.; 2015 U.S. Dist. LEXIS 97410).

Mealey's Litigation Procedure - N.J. Panel: Court Abused Its Discretion In Ordering Insurers To Produce Documents

TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested documents to determine if they are discoverable and, if so, protected by a privilege or other restrictions (Alden Leeds Inc. v. QBE Specialty Insurance Co., et al., No. A-2034-14T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1793).

Mealey's Insurance - N.J. Panel: Court Abused Its Discretion In Ordering Insurers To Produce Documents

TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested documents to determine if they are discoverable and, if so, protected by a privilege or other restrictions (Alden Leeds Inc. v. QBE Specialty Insurance Co., et al., No. A-2034-14T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1793).

Mealey's IP/Tech - New Jersey Federal Judge Sides With TD Bank In Copyright Case

TRENTON, N.J. - A declaratory judgment counterclaim seeking a declaration of copyright co-ownership was rejected July 27 by a New Jersey federal judge, who instead granted plaintiff TD Bank N.A. summary judgment on its allegation of copyright infringement by a former CEO (TD Bank N.A. v. Vernon W. Hill II, No. 12-7188, D. N.J.; 2015 U.S. Dist. LEXIS 97409).

Mealey's Litigation Procedure - Federal Circuit Grants Mandamus Petition In Underlying Patent Case

WASHINGTON, D.C. - Two petitioners won mandamus on July 22 from a New Jersey federal judge's modified protective order that would allow courts in Korea and Japan access to proprietary information gleaned from an American patent infringement lawsuit, in what the Federal Circuit U.S. Court of Appeals deemed a case of first impression (In re: POSCO, No. 15-112, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Grants Mandamus Petition In Underlying Patent Case

WASHINGTON, D.C. - Two petitioners won mandamus on July 22 from a New Jersey federal judge's modified protective order that would allow courts in Korea and Japan access to proprietary information gleaned from an American patent infringement lawsuit, in what the Federal Circuit U.S. Court of Appeals deemed a case of first impression (In re: POSCO, No. 15-112, Fed. Cir.).

Mealey's IP/Tech - New Jersey Federal Judge Won't Reconsider Rulings In Copyright Case

TRENTON, N.J. - Deeming the efforts by several copyright infringement defendants to persuade him to revisit his May 2015 denial of summary judgment "a textbook example of everything a reconsideration motion should not be," U.S. Judge Kevin McNulty of the District of New Jersey on July 21 denied the request (Hanover Architectural Service P.A. v. Christian Testimony-Morris N.P., et al., No. 10-5455, D. N.J.; 2015 U.S. Dist. LEXIS 94916).

Mealey's Litigation Procedure - Paulsboro Train Derailment Plaintiffs: Expert Report Should Be Accepted

CAMDEN, N.J. - Four of the plaintiffs who sued a group of railroad company defendants seeking damages related to a vinyl chloride spill caused by the derailment of a train crossing the bridge over Mantua Creek filed a brief on July 20 in New Jersey federal court, contending that the report of its expert should be included in the court record because the defendant's argument for excluding it is based on a false claim (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Insurer Did Not Act In Bad Faith In Settling Repair Costs, Judge Says

PHILADELPHIA - Under New Jersey law, an insurer did not act in bad faith in the adjusting of payments to settle insureds' repair costs to their property following a water pipe burst, a Pennsylvania federal judge ruled July 20 (Aaron Beyer and Francine S. Beyer v. State Farm Fire and Casualty Co., No. 14-4887, E.D. Pa.; 2015 U.S. Dist. LEXIS 94456).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Plaintiffs: Expert Report Should Be Accepted

CAMDEN, N.J. - Four of the plaintiffs who sued a group of railroad company defendants seeking damages related to a vinyl chloride spill caused by the derailment of a train crossing the bridge over Mantua Creek filed a brief on July 20 in New Jersey federal court, contending that the report of its expert should be included in the court record because the defendant's argument for excluding it is based on a false claim (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Panel: Subcontractors' Faulty Work Constitutes 'Occurrence' Under Insurance Policies

TRENTON, N.J. - Consequential damages caused by subcontractors' defective work that were unintended and unexpected constitute "property damage" and an "occurrence" under commercial general liability insurance policies, a New Jersey appeals panel ruled July 21, applying the subcontractor exception to the "your work" exclusion (Bob Meyer Communities Inc. v. James R. Slim Plastering Inc., et al., No. A-5581-12T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1754).