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).
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).
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).
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).
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).
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).
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).
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.).
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.).
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).
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).
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).
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).
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).
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.).
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).
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.).
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).
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).