LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge Won't Find Bayer In Contempt For Promoting Phillips' Colon Health

NEWARK, N.J. - A New Jersey federal judge on Sept. 24 denied the federal government's motion to find Bayer Corp. in contempt for violating a 2007 contempt decree by promoting Phillips' Colon Health for treating gastrointestinal problems without having "competent and reliable scientific evidence" to back up its claim (United States of America v. Bayer Corporation, No. 07-1, D. N.J.).

Mealey's Banking & Finance - Federal Judge Finds No Evidence That Lender Made Misrepresentations

CAMDEN, N.J. - After finding that a borrower failed to present any new allegations and that he failed to show that a lender made material misrepresentations about a mortgage, a New Jersey federal judge on Sept. 18 refused to grant his motion for preliminary injunction preventing foreclosure (Antonio McCoy v. Mortgage Service Center, No. 14-3643, D. N.J.; 2015 U.S. Dist. LEXIS 124915).

Mealey's Insurance - No 'Good Cause' Exists For Delay In Filing Motion, Federal Magistrate Judge Says

TRENTON, N.J. - Because insureds seeking coverage for an underlying environmental contamination suit failed to show why a counterclaim could not be amended prior to the court's deadline to amend any pleadings, a New Jersey federal judge on Sept. 15 denied the insureds' motion to amend a counterclaim (Indian Harbor Insurance Co. v. NL Environmental Management Services Inc., et al., No. 13-1889, D. N.J.; 2015 U.S. Dist. LEXIS 122603).

Mealey's Banking & Finance - Federal Judge Finds Claims Are Barred By Foreclosure Judgment

TRENTON, N.J. - A New Jersey federal judge on Sept. 14 granted a motion filed by several banks to dismiss numerous claims asserted against them by a former property owner, finding that all of her claims were barred by a previous foreclosure case and that granting her leave to amend would be futile (Anna Maria Mannarino v. Deutsche Bank National Trust Co., as trustee for Morgan Stanley Dean Witter Capital I Inc. Trust 2002-NCS, No. 14-7771, D. N.J.; 2015 U.S. Dist. LEXIS 121903).

Mealey's Insurance - Judge Denies Motion To Dismiss Insurer's Suit Over Rescission Of Firm's Policy

NEWARK, N.J. - A federal judge in New Jersey on Sept. 11 denied a law firm's motion to dismiss an insurance company's policy seeking confirmation of its decision to rescind a professional liability policy issued to the firm, ruling that the insurer adequately alleged that the firm could have made a material misrepresentation on its application for the policy (Wesco Insurance Company v. Luretha M. Stribling LLC, et al., No. 15-3594, D. N.J.; 2015 U.S. Dist. LEXIS 121185).

Mealey's Insurance - Magistrate Judge Excludes Testimony On Cause Of Damage During Storm

TRENTON, N.J. - A homeowner failed to show that his expert has "good grounds" for his testimony of damages sustained to a home during Superstorm Sandy, a New Jersey federal magistrate judge ruled Sept. 3, excluding the expert's testimony to the extent that he opines on the cause of the damage to the property (Christopher Wehman v. State Farm Fire and Casualty Co., No. 14-1416, D. N.J.; 2015 U.S. Dist. LEXIS 117445).

Mealey's Litigation Procedure - Magistrate Judge Excludes Testimony On Cause Of Damage During Storm

TRENTON, N.J. - A homeowner failed to show that his expert has "good grounds" for his testimony of damages sustained to a home during Superstorm Sandy, a New Jersey federal magistrate judge ruled Sept. 3, excluding the expert's testimony to the extent that he opines on the cause of the damage to the property (Christopher Wehman v. State Farm Fire and Casualty Co., No. 14-1416, D. N.J.; 2015 U.S. Dist. LEXIS 117445).

Mealey's Litigation Procedure - Federal Judge Certifies Class In Securities Action Against Insurer, Others

NEWARK, N.J. - A federal judge in New Jersey on Aug. 31 granted a motion filed by lead plaintiffs in a securities class action lawsuit to certify a class of shareholders, ruling that the lead plaintiffs have shown that the instant action meets all statutory requirements for a class action lawsuit (City of Sterling Heights General Employees' Retirement System v. Prudential Financial Inc., No. 12-5275, D. N.J.; 2015 U.S. Dist. LEXIS 115287).

Mealey's Securities/D&O Liability - Federal Judge Certifies Class In Securities Action Against Insurer, Others

NEWARK, N.J. - A federal judge in New Jersey on Aug. 31 granted a motion filed by lead plaintiffs in a securities class action lawsuit to certify a class of shareholders, ruling that the lead plaintiffs have shown that the instant action meets all statutory requirements for a class action lawsuit (City of Sterling Heights General Employees' Retirement System v. Prudential Financial Inc., No. 12-5275, D. N.J.; 2015 U.S. Dist. LEXIS 115287).

Mealey's Securities/D&O Liability - 8th Circuit Substantially Affirms Dismissal Of Securities Law Claims

ST. LOUIS - A federal district court did not err in dismissing a number of claims in a securities fraud lawsuit because those claims were not timely filed, but it did err in dismissing a claim under New Jersey law, as that claim was timely filed, an Eighth Circuit U.S. Court of Appeals panel ruled Sept. 1 (Herschel Zarecor, et al. v. Morgan Keegan & Co. Inc., No. 13-3315, 8th Cir.; 2015 U.S. App. LEXIS 15555).

Mealey's Litigation Procedure - Judge Dismisses Portions Of Class Action Suit Over Allegedly Defective Decking

CAMDEN, N.J. - A federal judge in New Jersey on Aug. 26 dismissed without prejudice some claims brought by a couple claiming that TimberTech XML brand decking material is prone to premature discoloration and fading and denied as premature CPG International LLC's motion to strike class allegations (John M. Peruto, et al. v. TimberTech Ltd., et al., No. 15-2166, D. N.J.).

Mealey's Toxic Tort/Environmental - New Jersey Judge Orders Purchaser To Pay Taxes On Cartons Of Cigarettes

TRENTON, N.J. - A New Jersey tax judge on Aug. 26 granted a motion for summary judgment filed by a director of the division of taxation, finding that a New Jersey resident was liable for paying taxes on cigarettes he purchased from an Internet vendor (Kenneth Hudacko v. Director, Division of Taxation, No. 015082-2014, N.J. Tax; 2015 N.J. Tax Unpub. LEXIS 70).

Mealey's PI/Product Liability - Judge Dismisses Portions Of Class Action Suit Over Allegedly Defective Decking

CAMDEN, N.J. - A federal judge in New Jersey on Aug. 26 dismissed without prejudice some claims brought by a couple claiming that TimberTech XML brand decking material is prone to premature discoloration and fading and denied as premature CPG International LLC's motion to strike class allegations (John M. Peruto, et al. v. TimberTech Ltd., et al., No. 15-2166, D. N.J.).

Mealey's Labor & Employment - Administrator Required To Disclose Limitations Period In Denial Letter, Panel Says

PHILADELPHIA - A plan administrator's failure to notify a claimant in its denial letter of the health plan's one-year limitations period for filing suit is a violation of the requirements of the Employee Retirement Income Security Act, and as a result, New Jersey's six-year limitations period must be applied to the claimant's suit, the Third Circuit U.S. Court of Appeals said Aug. 26 in vacating a District Court's finding that the claimant's suit was time-barred (Dr. Neville M. Mirza M.D. et al. v. Insurance Administrator of America Inc. et al., No. 13-3535, 3rd Cir.; 2015 U.S. App. LEXIS 15068).

Mealey's Toxic Tort/Environmental - Panel: State Of New Jersey Must Pay Cleanup Costs In Raritan Bay Lead Case

TRENTON, N.J. - A New Jersey appellate panel on Aug. 26 affirmed a trial court, which held that the State of New Jersey must pay NL Industries Inc. cleanup costs associated with the $79 million remediation of lead contamination at the Raritan Bay Slag (RBS) site (NL Industries Inc. v. State of New Jersey, No. A-0869-14T3, N.J. Super, App. Div.).

Mealey's Toxic Tort/Environmental - Judge Dismisses Some Claims In Paulsboro Vinyl Chloride Spill Litigation

CAMDEN, N.J. - A federal judge in New Jersey on Aug. 27 dismissed the lawsuit brought by a some of the plaintiffs against Consolidated Rail Corp. (CONRAIL) and other railroad companies pertaining to a spill of vinyl chloride into Mantua Creek caused by a train derailment (Charles Van Blarcom v. Consolidated Rail Corporation, No. 15-134, D. N.J.).

Mealey's Labor & Employment - New Jersey Federal Judge Conditionally Certifies Accountant Overtime Class

NEWARK, N.J. - A group of lease accountants presented sufficient evidence to make a "modest factual showing" that they were similarly situated and should be granted conditional certification in a wage-and-hour complaint, a New Jersey federal judge ruled Aug. 21, rejecting the employers' arguments to the contrary (Paula Robles, et al. v. Vornado Realty Trust, et al., No. 15-1406, D. N.J.; 2015 U.S. Dist. LEXIS 111038).

Mealey's Litigation Procedure - New Jersey Federal Judge Conditionally Certifies Accountant Overtime Class

NEWARK, N.J. - A group of lease accountants presented sufficient evidence to make a "modest factual showing" that they were similarly situated and should be granted conditional certification in a wage-and-hour complaint, a New Jersey federal judge ruled Aug. 21, rejecting the employers' arguments to the contrary (Paula Robles, et al. v. Vornado Realty Trust, et al., No. 15-1406, D. N.J.; 2015 U.S. Dist. LEXIS 111038).

Mealey's PI/Product Liability - Plavix Whistle-Blower Claims Pared But Judge Denies Complete Dismissal

TRENTON, N.J. - A New Jersey federal judge on Aug. 20 pared a Plavix whistle-blower lawsuit in response to a defense dismissal motion (In Re: Plavix Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 2418, No. 13-2418, United States of America, ex rel. Elisa Dickson v. Bristol-Myers Squibb Co., et al., No. 13-1039, D. N.J.; 2015 U.S. Dist. LEXIS 109918).

Mealey's PI/Product Liability - Judge Finds Raytheon's Contacts With State Insufficient For Jurisdiction

TRENTON, N.J. - Neither registering to do business in a state nor employing a small amount of people in that state subjects a company to general jurisdiction, a federal judge in New Jersey held Aug. 20 in dismissing asbestos claims (James McCourt and Mabel McCourt v. A.O. Smith Water Products Co., et al., No. 14-221, D. N.J.; 2015 U.S. Dist. LEXIS 110111).

Mealey's Toxic Tort/Environmental - Judge Finds Raytheon's Contacts With State Insufficient For Jurisdiction

TRENTON, N.J. - Neither registering to do business in a state nor employing a small amount of people in that state subjects a company to general jurisdiction, a federal judge in New Jersey held Aug. 20 in dismissing asbestos claims (James McCourt and Mabel McCourt v. A.O. Smith Water Products Co., et al., No. 14-221, D. N.J.; 2015 U.S. Dist. LEXIS 110111).

Mealey's Toxic Tort/Environmental - Judge Dismisses 2 Railroad Company Defendants In Vinyl Chloride Spill Case

CAMDEN, N.J. - The federal judge in New Jersey presiding over a lawsuit brought by residents 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 on Aug. 18 dismissed two of the defendants from the case (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's IP/Tech - Google Wins Transfer Of Trademark Claims To California Court

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).

Mealey's Litigation Procedure - New Jersey Appeals Court Affirms Vioxx Case Dismissal For Lack Of Expert Opinion

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).

Mealey's PI/Product Liability - New Jersey Appeals Court Affirms Vioxx Case Dismissal For Lack Of Expert Opinion

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).