LexisNexis® Legal Newsroom
Mealey's Labor & Employment - U.S. High Court Hears Arguments In Demoted Detective's Free Speech Suit

WASHINGTON, D.C. - Public employees, whether affiliated with a specific party or not, have a right to job protection for perceived political association, the attorney representing a demoted police detective argued Jan. 19 before the U.S. Supreme Court (Jeffrey J. Heffernan v. City of Paterson, New Jersey, et al., No. 14-1280, U.S. Sup.).

Mealey's IP/Tech - Federal Judge Stays Patent Dispute Pending Federal Circuit Ruling

TRENTON, N.J. - Citing the "present uncertainty of the law" regarding whether compliance with a state's corporate registration statute constitutes consent to jurisdiction, a New Jersey federal judge on Jan. 12 stayed a patent infringement case pending the outcome of AstraZeneca AB v. Aurobindo Pharma Ltd. (No. 14-664, D. Del., Dec. 17, 2014) by the Federal Circuit U.S. Court of Appeals (Takeda GmbH, et al. v. Mylan Pharmaceuticals Inc., No. 15-3384, D. N.J.; 2016 U.S. Dist. LEXIS 3490).

Mealey's Litigation Procedure - Judge: Expert May Testify On Theme Park's Liability In Negligence Lawsuit

TRENTON, N.J. - A liability expert may testify that operators and owners of a theme and amusement part should have warned patrons to wait until everyone was seated before lowering a restraining bar, a New Jersey federal judge ruled Dec. 29, declining to exclude the testimony in a negligence lawsuit (Adrianna Guillen v. Six Flags Great Adventure LLC and Six Flags Theme Parks, Inc., No. 14-2091, D. N.J.; 2015 U.S. Dist. LEXIS 173044).

Mealey's PI/Product Liability - Zimmer Sanctioned For Delayed Discovery In Spinal Plate Case

CAMDEN, N.J. - A New Jersey federal magistrate judge on Dec. 30 sanctioned orthopedic device maker Zimmer Inc. for its late production of discovery documents, denied a defense attorney's request to withdraw from the case and ordered Zimmer to produce its agreement to represent a third-party distributor in a spinal fixation plate case(Christopher Trowery v. Joan F. O'Shea, M.D., et al., No. 12-6473, D. N.J.; 2015 U.S. Dist. LEXIS 173155).

Mealey's Litigation Procedure - Judge: Investor Properly Pleaded Misrepresentation, Scienter In Securities Suit

NEWARK, N.J. - A federal judge in New Jersey on Dec. 21 denied a motion to dismiss by an outside auditor in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded a material misrepresentation and scienter in making his federal securities law claims (Chao Sun v. Daqing Han, et al., No. 15-703, D. N.J.; 2015 U.S. Dist. LEXIS 170005).

Mealey's Toxic Tort/Environmental - 1 Paulsboro Train Derailment Plaintiff Appeals Dismissal, Orders To 3rd Circuit

CAMDEN, N.J. - One of the groups of plaintiffs suing railroad companies related to a vinyl chloride spill from a train derailment in New Jersey on Dec. 21 filed a notice of an intent to appeal to the Third Circuit U.S. Court of Appeals, among other things, the order issued by the presiding judge that dismissed their complaint for lack of subject matter jurisdiction (Alice Breeman v. Consolidated Rail Corporation, et al., No. 12-07468; In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Securities/D&O Liability - Judge: Investor Properly Pleaded Misrepresentation, Scienter In Securities Suit

NEWARK, N.J. - A federal judge in New Jersey on Dec. 21 denied a motion to dismiss by an outside auditor in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded a material misrepresentation and scienter in making his federal securities law claims (Chao Sun v. Daqing Han, et al., No. 15-703, D. N.J.; 2015 U.S. Dist. LEXIS 170005).

Mealey's Insurance - Insurer Must Provide Hospital Ranking Method In Suit Over New Health Plan

HACKENSACK, N.J. - A New Jersey judge on Dec. 17 granted a motion for expedited discovery brought by a group of hospitals, finding that their requests for documents related to certain hospital-ranking methodology and resulting scores of hospitals that are not parties to the suit are relevant to their breach of contract claims about the insurer's newly announced tiered health plan (Capital Health Systems Inc., et al. v. Horizon Healthcare Services Inc., No. BER-C-369-15, N.J. Super., Chanc. Div.; 2015 N.J. Super. Unpub. LEXIS 2957).

Mealey's Health Law - Insurer Must Provide Hospital Ranking Method In Suit Over New Health Plan

HACKENSACK, N.J. - A New Jersey judge on Dec. 17 granted a motion for expedited discovery brought by a group of hospitals, finding that their requests for documents related to certain hospital-ranking methodology and resulting scores of hospitals that are not parties to the suit are relevant to their breach of contract claims about the insurer's newly announced tiered health plan (Capital Health Systems Inc., et al. v. Horizon Healthcare Services Inc., No. BER-C-369-15, N.J. Super., Chanc. Div.; 2015 N.J. Super. Unpub. LEXIS 2957).

Mealey's Litigation Procedure - Insurer Must Provide Hospital Ranking Method In Suit Over New Health Plan

HACKENSACK, N.J. - A New Jersey judge on Dec. 17 granted a motion for expedited discovery brought by a group of hospitals, finding that their requests for documents related to certain hospital-ranking methodology and resulting scores of hospitals that are not parties to the suit are relevant to their breach of contract claims about the insurer's newly announced tiered health plan (Capital Health Systems Inc., et al. v. Horizon Healthcare Services Inc., No. BER-C-369-15, N.J. Super., Chanc. Div.; 2015 N.J. Super. Unpub. LEXIS 2957).

Mealey's IP/Tech - New Jersey Federal Judge Grants Motion To Incorporate Settlement In Patent Case

TRENTON, N.J. - Parties to a patent infringement action will see the terms of their recent settlement incorporated into a final judgment order even if the Federal Circuit U.S. Court of Appeals reverses a previously entered finding of infringement, a New Jersey federal judge ruled Dec. 11 (Janssen Products L.P., et al. v. Lupin Ltd., et al., No. 10-5954, D. N.J.; 2015 U.S. Dist. LEXIS 166652).

Mealey's Insurance - Judge Dismisses Bad Faith Suit For Failure To Plead Subject Matter Jurisdiction

CAMDEN, N.J. - A federal judge in New Jersey dismissed an insurance breach of contract and bad faith lawsuit on Dec. 10, ruling that an insured has failed to properly plead subject matter jurisdiction in making its claims against a title insurance provider and others (Plantation Bay LLC v. Stewart Title Guaranty Co., et al., No. 15-2042, D. N.J.; 2015 U.S. Dist. LEXIS 165753).

Mealey's Insurance - New Jersey Federal Judge: Late Disclosure Of Expert By Insured Was Not Justified

NEWARK, N.J. - A New Jersey federal judge on Dec. 10 ordered an insured seeking coverage for environmental contamination claims to pay its insurer's costs and fees associated with the insured's late disclosure of an expert witness because the insured's late disclosure was not justified (E.M. Sergeant Pulp & Chemical Co. Inc., et al. v. The Travelers Indemnity Co. Inc., et al., No. 12-1741, D. N.J.; 2015 U.S. Dist. LEXIS 165981).

Mealey's IP/Tech - 3rd Circuit Vacates Dismissal Of Copyright Infringement Claim

PHILADELPHIA - Although a New Jersey federal judge properly dismissed claims of Anticybersquatting Consumer Protection Act (ACPA) violations, allegations of copyright infringement should be allowed to proceed, the Third Circuit U.S. Court of Appeals ruled Dec. 8 (Steven D'Agostino v. Appliances Buy Phone Inc., et al., No. 15-1171, 3rd Cir.; 2015 U.S. App. LEXIS 21170).

Mealey's Toxic Tort/Environmental - New Jersey Panel Affirms That 'Throw-Out Rule' Did Not Apply To Tobacco Company

TRENTON, N.J. - A New Jersey appellate panel on Dec. 4 affirmed the New Jersey Tax Court's ruling that a tobacco company with no operations inside of New Jersey did not owe a tax bill of more than $24 million (Lorillard Licensing Company LLC v. Director, Division of Taxation, No. A-2033-13T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. Lexis 2789).

Mealey's Toxic Tort/Environmental - Wyeth Agrees To Spend $193.5M To Remediate Superfund Site In New Jersey

TRENTON, N.J. - A federal judge in New Jersey on Dec. 3 approved a consent decree in which Wyeth Holdings LLC agreed to spend $193.5 million to conduct remedial activities at the American Cynamid Superfund site and pay $1 million to the federal government for cleanup activities already conducted by the U.S. Environmental Protection Agency, finding that the terms of the agreement are reasonable and consistent with the goals of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (United States of America v. Wyeth Holdings LLC, No. 15-7153, D. N.J.; 2015 U.S. Dist. LEXIS 162117).

Mealey's PI/Product Liability - N.J. Appeals Court Affirms Judgment Against Concrete Subcontractor Over Defects

TRENTON, N.J. - A New Jersey appeals panel on Dec. 4 affirmed a judgment ordering a concrete subcontractor to pay $589,823 for defective work, finding that a pass-through clause in a $150,000 settlement agreement between the general contractor and plaintiff company allowed the plaintiff company to seek additional damages from the nonsettling party (Toys R Us Inc. v. Schimenti Construction Company LLC, et al., No. A-4040-13T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 2792).

Mealey's IP/Tech - Ruling On Patent Invalidity Stands In New Jersey Case

TRENTON, N.J. - Reconsideration of a February ruling by a since-retired New Jersey federal judge that a patent is not invalid for lack of written description or lack of enablement is not warranted, another New Jersey federal judge ruled Nov. 23 (ICI Uniqema Inc. v. Kobo Products Inc., No. 06-2943, D. N.J.; 2015 U.S. Dist. LEXIS 157705).

Mealey's Litigation Procedure - Class Suit Over Storage Unit Lease Agreements Will Remain In Federal Court

TRENTON, N.J. - A New Jersey federal judge on Nov. 19 ruled that a class suit alleging that tens of thousands of lease agreements executed by storage unit operators violated New Jersey law belongs in federal court pursuant to the Class Action Fairness Act (CAFA) (Steven Kendall, et al. v. CubeSmart L.P., et al., No. 15-6098, D. N.J.; 2015 U.S. Dist. LEXIS 156447).

Mealey's PI/Product Liability - N.J. Appeals Court: LIA Preemption Focuses On Equipment, Not Operator

TRENTON, N.J. - The Locomotive Inspection Act (LIA) focuses on the equipment and preempts state law asbestos claims regardless of the operator, a New Jersey appellate court held in affirming summary judgment for five companies Nov. 19 (Estate of Sandra Brust and Philip Brust, et al. v. ACF Industries LLC, f/k/a American Care & Foundry Co., et al., No. A-3431-13T4, N.J. Super., App. Div.).

Mealey's Toxic Tort/Environmental - N.J. Appeals Court: LIA Preemption Focuses On Equipment, Not Operator

TRENTON, N.J. - The Locomotive Inspection Act (LIA) focuses on the equipment and preempts state law asbestos claims regardless of the operator, a New Jersey appellate court held in affirming summary judgment for five companies Nov. 19 (Estate of Sandra Brust and Philip Brust, et al. v. ACF Industries LLC, f/k/a American Care & Foundry Co., et al., No. A-3431-13T4, N.J. Super., App. Div.).

Mealey's IP/Tech - New Jersey Federal Judge Grants Dismissal In Trademark, Copyright Dispute

TRENTON, N.J. - A New Jersey federal judge on Nov. 17 dismissed a dispute between two former business partners over various intellectual property (Bossen Architectural Millwork Inc. et al. v. Kobolak & Sons Inc. et al., No. 14-4294, D. N.J.; 2015 U.S. Dist. LEXIS 155552).

Mealey's Banking & Finance - New Jersey Federal Judge Refuses To Issue Sanctions Against Law Firm

NEWARK, N.J. - After finding that a law firm's conduct in litigation related to debt collection was not so unreasonable that it warranted sanctions, a New Jersey federal judge on Nov. 17 denied another firm's request for sanctions (Stephen Aldom v. Phelan Hallinan & Diamond, PC, No. 14-6638, D. N.J.; 2015 U.S. Dist. LEXIS 155044).

Mealey's IP/Tech - Judge Declines To Vacate Online Threats Conviction, Finds Elonis Distinguishable

BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 [2015]) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).

Mealey's IP/Tech - Federal Circuit Agrees Treatment Method Patent Is Invalid As Obvious

WASHINGTON, D.C. - A New Jersey federal judge properly deemed a patented method of treating diarrhea-predominant irritable bowel syndrome (IBS-D) with the drug Lotronex invalid, the Federal Circuit U.S. Court of Appeals concluded Nov. 10 (Prometheus Laboratories Inc. v. Roxane Laboratories Inc. et al., Nos. 14-1634, -1635 Fed. Cir.; 2015 U.S. App. LEXIS 19556).