LexisNexis® Legal Newsroom
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).

Mealey's Toxic Tort/Environmental - Train Derailment Plaintiff: Vinyl Chloride Spill Case Belongs In Federal Court

CAMDEN, N.J. - A group of plaintiffs suing railroad companies related to a vinyl chloride spill from a train derailment in New Jersey on Nov. 9 filed a brief arguing that the case should remain in New Jersey federal court because "there is no evidence to the contrary" that would indicate that it belongs in a different venue (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Judge Finds Fraudulent Billing Scheme Resulted In Actual Loss Of $476,713

CAMDEN, N.J. - A pharmacist's scheme of fraudulently billing insurance companies, including Medicare and Medicaid, for compounded prescription pain relief cream resulted in an actual loss of $476,713.42, a federal judge in New Jersey found Nov. 4 after reviewing an audit of one of the insurance companies that was billed during the scheme (United States of America v. Vladimir Kleyman, No. 14-598, D. N.J.; 2015 U.S. Dist. LEXIS 149912).

Mealey's Insurance - Judge Dismisses Employment Practices Coverage Suit To Avoid 'Duplicative' Litigation

TRENTON, N.J. - A New Jersey federal judge on Nov. 3 dismissed insureds' declaratory judgment lawsuit seeking employment practices coverage for an underlying lawsuit brought by a former employee (Mary Faith Nugiel, et al. v. Westchester Fire Insurance Co., No. 15-7787, D. N.J.; 2015 U.S. Dist. LEXIS 148705).

Mealey's Insurance - Judge Severs Insurance Bad Faith Claim From Amended Complaint

TRENTON, N.J. - An insurer has shown that severing an insurance bad faith claim from an amended complaint pending resolution of an insured's breach of contract claim is proper because the insurer has met the statutory requirements for severing a claim, a federal judge in New Jersey ruled Nov. 2 (Bridgewater Wholesalers Inc. v. Pennsylvania Lumbermans Mutual Insurance Co., No. 14-3684, D. N.J.; 2015 U.S. Dist. LEXIS 148551).

Mealey's Toxic Tort/Environmental - Residents: False Testimony Submitted By Defendants In Vinyl Chloride Spill Case

CAMDEN, N.J. - New Jersey residents seeking damages related to a vinyl chloride spill caused by a train derailment over Mantua Creek filed a brief in New Jersey federal court on Oct. 29, arguing that the defendant railroad companies submitted false testimony in support of their motion for summary judgment (In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's PI/Product Liability - New Jersey Appeals Court Finds Evidence Supported Dismissal Of Defects Suit

TRENTON, N.J. - A New Jersey trial court judge did not err when dismissing with prejudice a woman's lawsuit accusing her home builder of negligently constructing her home, a state appeals panel ruled Oct. 27, after finding that she did not present evidence to support her claims that improper grading was to blame for water seeping into her basement (Stevonne Wilson v. Woodfields at Princeton Highlands, et al., No. A-0243-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 2453).

Mealey's Insurance - N.J. Panel Affirms Ruling In Insurer's Favor In Superstorm Sandy Dispute

TRENTON, N.J. - A New Jersey appeals panel on Oct. 22 affirmed a lower court's ruling that no reasonable jury could find that an insureds' home had not been flooded by Superstorm Sandy, ruling in favor of a homeowners insurer in a breach of contract and bad faith dispute (Ronald J. Riccio, et al. v. Allstate New Jersey Insurance Co., No. A-4628-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 2417).

Mealey's Litigation Procedure - Judge In Raritan Bay Slag Case Extends Deadline For Daubert Motions

TRENTON, N.J. - The federal judge in New Jersey presiding over a lead contamination lawsuit brought by an environmental group against NL Industries Inc. for its operation of the Raritan Bay Slag (RBS) site on Oct. 20 issued an order that the deadline for Daubert motions be extended until 45 days after dispositive motions are fully briefed (Raritan Baykeeper Inc., et al. v. NL Industries Inc., No. 09-4117, D. N.J.).

Mealey's IP/Tech - Illinois Couple Sues Pandora, XM Sirius Over Royalties For Pre-1972 Songs

NEWARK, N.J. - A couple that owns federal copyrights in a number of songs from before 1972 filed a complaint against satellite radio firm Sirius XM Radio Inc. and online streaming service Pandora Media Inc. in New Jersey federal court on Oct. 19, asserting that the companies have been airing their recordings without paying proper royalties (Arthur Sheridan, et al. v. Sirius XM Radio, Inc., et al., No. 2:15-cv-07576, D. N.J. and Arthur Sheridan, et al. v. iHeartMedia Inc., No. 2:15-cv-07574, D. N.J.).

Mealey's Toxic Tort/Environmental - Judge In Raritan Bay Slag Case Extends Deadline For Daubert Motions

TRENTON, N.J. - The federal judge in New Jersey presiding over a lead contamination lawsuit brought by an environmental group against NL Industries Inc. for its operation of the Raritan Bay Slag (RBS) site on Oct. 20 issued an order that the deadline for Daubert motions be extended until 45 days after dispositive motions are fully briefed (Raritan Baykeeper Inc., et al. v. NL Industries Inc., No. 09-4117, D. N.J.).

Mealey's PI/Product Liability - Tylenol Liver Injury Plaintiff Didn't Show She Took Drug, New Jersey Jury Says

ATLANTIC CITY, N.J. - A New Jersey state court jury on Oct. 16 returned a verdict in favor of McNeil McNeil-PPC Inc. after finding that a liver injury plaintiff had not proven that she ingested Tylenol Extra Strength (Regina Jackson v. McNeil-PPC Inc., et al., No. ATL-L-880-13, N.J. Super., Atlantic Co.).

Mealey's Toxic Tort/Environmental - Railroad Defendants: Vinyl Chloride Spill Case Should Stay In District Court

CAMDEN, N.J. - The railroad company defendants being sued by a group of New Jersey residents seeking damages related to a vinyl chloride spill caused by the derailment of a train crossing the bridge over Mantua Creek on Oct. 9 filed a brief in federal court, arguing that the District Court should retain jurisdiction over the case (In Re: Paulsboro Derailment Cases, No. 13-784, D.N.J.).