LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Applies Maritime Law To Asbestos Case, Finds Bare Metal Defense Bars Claims

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).

Mealey's Litigation Procedure - Faxed Ads Class Suit Survives Summary Judgment Motion

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).

Mealey's Toxic Tort/Environmental - Appeals Panel Finds New Jersey Agency Did Not Err When Renewing Permit

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).

Mealey's Litigation Procedure - Federal Judge Finds FDCPA Claim Is Time-Barred, Dismisses Case

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).

Mealey's Litigation Procedure - Magistrate Judge: Insured Fails To Assert Breach Of Contract, Bad Faith Claims

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).

Mealey's Insurance - Magistrate Judge: Insured Fails To Assert Breach Of Contract, Bad Faith Claims

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).

Mealey's Toxic Tort/Environmental - U.K. Shipping Company Fined $750,000 For Dumping Oil Barrels From Vessel

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.

Mealey's Toxic Tort/Environmental - No Coverage Available For Mold Growth In Insured's Attic, New Jersey Panel Says

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).

Mealey's Insurance - No Coverage Available For Mold Growth In Insured's Attic, New Jersey Panel Says

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).

Mealey's PI/Product Liability - Judge: Companies Owed Duty Of Care For Chemical Spill; Claim For Lost Taxes Fails

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.).

Mealey's Toxic Tort/Environmental - Judge: Companies Owed Duty Of Care For Chemical Spill; Claim For Lost Taxes Fails

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.).

Mealey's Labor & Employment - N.J. Federal Judge Certifies Chiropractors In Insurance Payment Dispute

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).

Mealey's Banking & Finance - Federal Judge Dismisses FDCPA And TILA Claims As Untimely

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).

Mealey's Litigation Procedure - N.J. Federal Judge Certifies Chiropractors In Insurance Payment Dispute

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).

Mealey's Litigation Procedure - Amended Complaint Against Helmet Maker Meets Pleading Standards, Plaintiff Argues

CAMDEN, N.J. - An amended class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others addresses deficiencies that led a federal judge in New Jersey to dismiss it without prejudice, class plaintiff Normal Thiel argues in a May 22 memorandum opposing Riddell's motion to dismiss (In re Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).

Mealey's Antitrust/Unfair Competition - Amended Complaint Against Helmet Maker Meets Pleading Standards, Plaintiff Argues

CAMDEN, N.J. - An amended class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others addresses deficiencies that led a federal judge in New Jersey to dismiss it without prejudice, class plaintiff Normal Thiel argues in a May 22 memorandum opposing Riddell's motion to dismiss (In re Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).

Mealey's PI/Product Liability - Amended Complaint Against Helmet Maker Meets Pleading Standards, Plaintiff Argues

CAMDEN, N.J. - An amended class complaint alleging that Riddell Inc. falsely markets its Revolution-brand football helmet as safer than others addresses deficiencies that led a federal judge in New Jersey to dismiss it without prejudice, class plaintiff Normal Thiel argues in a May 22 memorandum opposing Riddell's motion to dismiss (In re Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).

Mealey's PI/Product Liability - Comedian Tracy Morgan Settles Suit Against Wal-Mart In New Jersey Federal Court

TRENTON, N.J. - Actor-comedian Tracy Morgan indicated in court papers May 27 that he and two other plaintiffs have settled their suit against Wal-Mart Stores Inc. stemming from an accident involving a tractor-trailer owned by the retailer for an undisclosed amount (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).

Mealey's PI/Product Liability - Defendant In Paulsboro Train Derailment Case Says Punitive Damages Claims Fail

CAMDEN, N.J. - One of the railroad company defendants being sued by New Jersey residents seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on May 22 filed a brief in New Jersey federal court contending that punitive damages should not be permitted (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - Defendant In Paulsboro Train Derailment Case Says Punitive Damages Claims Fail

CAMDEN, N.J. - One of the railroad company defendants being sued by New Jersey residents seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on May 22 filed a brief in New Jersey federal court contending that punitive damages should not be permitted (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Policy Clearly Bars Coverage For Damages Caused By Oil Spill, New Jersey Panel Says

TRENTON, N.J. - No coverage is available to homeowners for damages caused to their own property by a leaking underground fuel storage tank because the policy clearly excludes coverage under the owned property exclusion and limits coverage related to liability claims related to oil spills, the New Jersey Superior Court Appellate Division said May 15 (Stanley and Leah Weiss v. New Jersey Manufacturers Insurance Co., No.A-5219-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1134).

Mealey's PI/Product Liability - Conductor On Derailed Amtrak Train Files Suit In New Jersey State Court

NEWARK, N.J. - A conductor who was working on Amtrak Train No. 188 when it derailed in Philadelphia on May 12 filed suit in New Jersey state court May 18, seeking damages for his injuries (Emilio Fonseca, et al. v. National Railroad Passenger Corp. d/b/a Amtrak, No. N/A, N.J. Super. Essex Co.).

Mealey's Toxic Tort/Environmental - Legislator: Criminal Probe Needed In Paulsboro Train Derailment Case

CAMDEN, N.J. - A New Jersey legislator on May 13 sent a letter to the U.S. attorney for the District of New Jersey renewing his call for a criminal investigation into the train derailment that spilled vinyl chloride into the Mantua Creek in 2012 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Litigation Procedure - 3rd Circuit Remands Worker Classification Suit After New Jersey High Court Ruling

PHILADELPHIA - A New Jersey federal court must reconsider a class complaint filed by deliverers alleging that they were misclassified as independent contractors following a ruling by the New Jersey Supreme Court regarding what employment test applies to those claims, the Third Circuit U.S. Court of Appeals ruled May 12 (Sam Hargrove, et al. v. Sleepy's LLC, Nos. 12-2540 and 12-2541, 3rd Cir.; 2015 U.S. App. LEXIS 7832).

Mealey's Labor & Employment - 3rd Circuit Remands Worker Classification Suit After New Jersey High Court Ruling

PHILADELPHIA - A New Jersey federal court must reconsider a class complaint filed by deliverers alleging that they were misclassified as independent contractors following a ruling by the New Jersey Supreme Court regarding what employment test applies to those claims, the Third Circuit U.S. Court of Appeals ruled May 12 (Sam Hargrove, et al. v. Sleepy's LLC, Nos. 12-2540 and 12-2541, 3rd Cir.; 2015 U.S. App. LEXIS 7832).