CAMDEN, N.J. - A group of New Jersey residents who sued railroad companies seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on July 13 filed a brief in New Jersey federal court contending that the defendants cannot argue that preemption bars the plaintiffs' claims (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
TRENTON, N.J. - The unintended and unexpected consequential damages caused by subcontractors' defective work constitute "property damage" and an "occurrence" under commercial general liability insurance policies, a New Jersey appeals panel ruled July 9 (Cypress Point Condominium Association Inc. v. Adria Towers LLC, et al., No. A-2767-13T1, N.J. Super. App. Div.; 2015 N.J. Super. LEXIS 114).
CAMDEN, N.J. - A June 19 ruling by the Fourth Circuit U.S. Court of Appeals provides support for dismissal of a suit alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others, the manufacturer says in a July 7 letter to a federal judge in New Jersey (In re Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).
NEWARK, N.J. - A New Jersey federal judge on July 1 adopted a federal magistrate's recommendation to dismiss an insurer's complaint because the insurer failed to meet its burden of proving that the New Jersey federal court has jurisdiction over its suit seeking a declaratory judgment regarding coverage for underlying personal injury suits arising out of asbestos cleanup work after the Sept. 11, 2001, terrorist attacks (Hudson Insurance Co. v. Greenwich Insurance Co., et al., No. 14-7326, D. N.J.).
CAMDEN, N.J. - Summary judgment in an insurance bad faith lawsuit is warranted, a federal judge in New Jersey ruled June 29, because insureds' signing of a settlement agreement barred all future claims under a commercial lines policy (Antonio Giaccone, et al. v. Canopius US Insurance Co., No. 14-6939, D. N.J.; 2015 U.S. Dist. LEXIS 83682).
CAMDEN, N.J. - Consolidated Rail Corp. (CONRAIL), one of the railroad defendants being sued in New Jersey federal court by residents who seek damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek filed an answer on June 29 in which it admits only that certain cars on the train derailed, and it "specifically" denies that the bridge collapsed. Moreover, the defendant says it admits that one of the train cars was breached and "released a limited quantity of vinyl chloride," but it denies that the event caused harm to people or property (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
PHILADELPHIA - A holding by a New Jersey federal judge that a settlement of patent litigation that involves only an agreement to relinquish the right to produce an "authorized generic" (no-AG agreement) did not implicate federal antitrust law was vacated by the Third Circuit U.S. Court of Appeals on June 26 (King Drug Company of Florence Inc. et al. v. GlaxoSmithKline LLC et al., No. 14-1243, 3rd Cir.; 2015 U.S. App. LEXIS 10859).
NEWARK, N.J. - Maritime law governs cases arising from dry dock work, and the bare metal defense bars the negligence and strict liability claims, a federal judge in New Jersey held June 24 (Kenneth T. Shearer and Barbara Shearer v. A.W. Chesterton Co., et al., No. 13-5887, D. N.J.; 2015 U.S. Dist. LEXIS 81828).
CAMDEN, N.J. - A New Jersey federal judge on June 23 granted an insured's motion for voluntarily dismissal of his breach of contract lawsuit against his federal flood insurer in a Superstorm Sandy coverage dispute (Ernie Giordano v. Philadelphia Contributionship Insurance Co., No. 14-0904, D. N.J.; 2015 U.S. Dist. LEXIS 80859).
TRENTON, N.J. - A New Jersey federal judge on June 19 denied a motion for summary judgment filed by the organizations responsible for sending faxed advertisements that allegedly violated the Telephone Consumer Protection Act (TCPA) (Physicians Healthsource, Inc., et al. v. Janssen Pharmaceuticals, Inc., et al., No. 12-2132, D. N.J.; 2015 U.S. Dist. LEXIS 79712).
TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on June 23 ruled that the New Jersey Department of Environmental Protection (NJDEP) did not act arbitrarily or capriciously when granting RC Cape May Holdings LLC's application to renew its permit to operate a coal- and oil-powered steam electric-generating facility in June 2013, holding that U.S. Environmental Protection Agency regulations that would require the company to construct a new cooling tower were not implemented until 2014 (In re: New Jersey Pollutant Discharge Elimination System Permit Number NJ0000544 Final Consolidated Renewal Permit Action, No. A-5840-12T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1514).
NEWARK, N.J. - After finding that a claim for violation of the Fair Debt Collection Practices Act (FDCPA) was time-barred and that it lacked jurisdiction over Truth in Lending Act (TILA) claims, a New Jersey federal judge on June 22 granted a bank's motion to dismiss (Loretta Thomas, et al. v. Wells Fargo Bank, N.A., et al., No. 15-871, D. N.J.; 2015 U.S. Dist. LEXIS 80863).
CAMDEN, N.J. - An insured failed to establish its breach of contract and bad faith claims against its insurer for denying property damage sustained during Superstorm Sandy based upon a policy's water exclusion, a New Jersey federal magistrate judge found June 18, granting summary judgment to the insurer (151 East Leaming Avenue Condo Association v. QBE Specialty Insurance Co., No. 14-175, D. N.J.; 2015 U.S. Dist. LEXIS 79002).
WASHINGTON, D.C. - The U.S. Department of Justice and U.S. Attorney's Office for the District of New Jersey on June 17 announced that Norbulk Shipping UK Ltd., the operator of the M/V Murcia Carrier, was fined $750,000 for violating the Act to Prevent Pollution from Ships (APPS) by making false statements to the U.S. Coast Guard about the dumping of 20 barrels containing hydraulic oil into international waters off the coast of Florida while the vessel was in transit from Costa Rica to New Jersey.
TRENTON, N.J. - No coverage is provided for mold growth in a home's attic because the insureds failed to prove that the mold growth was a result of a "fortuitous, direct physical loss," the New Jersey Superior Court Appellate Division said June 10 (Sheldon and Shirley Kavesh v. Franklin Mutual Insurance Co., No. A-5210-13T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1378).
CAMDEN, N.J. - The federal judge in New Jersey presiding over the litigation brought by a school district seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on June 8 partially dismissed some of the claims against the railroad company defendants. The judge ruled that the school district had shown that the defendants owed it a duty of care, but the judge also concluded that the defendants were not liable for negligence resulting in a reduction in the property taxes (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
NEWARK, N.J. - A New Jersey federal judge on June 1 certified two classes of chiropractors suing insurers for allegedly systematically denying payment for certain services rendered (Alphonse DeMaria, et al. v. Horizon Healthcare Services Inc. d/b/a Blue Cross Blue Shield of New Jersey, et al., No. 11-7298, D. N.J.; 2015 U.S. Dist. LEXIS 70176).
NEWARK, N.J. - A New Jersey federal judge on June 3 granted a motion filed by several loan entities to dismiss claims against them, finding that a borrower's claims for violation of the Truth in Lending Act (TILA) and the Fair Debt Collection Practices Act (FDCPA) were time-barred (Patricia Mogavero v. Seterus Inc., et al., No. 15-cv-1314, D. N.J.; 2015 U.S. Dist. LEXIS 71600).