LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class Action Over Insurer's Stolen Laptops Dismissed For Lack Of Injury

NEWARK, N.J. - In accordance with a previously issued opinion, a New Jersey federal judge on May 7 granted Horizon Healthcare Services Inc.'s motion to dismiss a putative class action against it pertaining to the theft of two unencrypted company computers, with the judge finding that the plaintiffs failed to plead the necessary injury to establish standing (In Re Horizon Healthcare Services Inc. Data Breach Litigation, No. 2:13-cv-07418, D. N.J.).

Mealey's Insurance - New Jersey High Court Awards Fees For Defense In Insurer's Coverage Suit

TRENTON, N.J. - The owner of a manufacturing company was "a successful claimant" against a subcontractor's insurer in obtaining a declaration of the insurer's duty to indemnify in the owner's underlying negligent construction lawsuit against the subcontractor, the New Jersey Supreme Court ruled May 7, reversing the denial of attorney fees to the owner (Robert Occhifinto and NVE Inc. v. Olivo Construction Co. LLC, et al., No. 073174, N.J. Sup.).

Mealey's IP/Tech - Federal Circuit Affirms: Drug Patent Is Invalid As Obvious

WASHINGTON, D.C. - In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on May 7 agreed with a New Jersey federal judge's determination that a pharmaceutical composition patent is infringed, but invalid (AstraZeneca LP, et al. v. Breath Limited, et al., No. 15-1335, Fed. Cir.).

Mealey's Banking & Finance - Federal Judge Grants Motion For Default Ruling Against Lenders

TRENTON, N.J. - After finding that a borrower sufficiently pleaded her claim for violation of the New Jersey Consumer Fraud Act (CFA), a New Jersey federal judge on May 6 granted her motion for a default ruling against various lenders (Maria Galarza v. Lydian Private Bank, et al., No. 12-2729, D. N.J.; 2015 U.S. Dist. LEXIS 59173).

Mealey's Banking & Finance - Federal Magistrate Dismisses Predatory Lending Claims For Failure To Prosecute

NEWARK, N.J. - After finding that numerous plaintiffs failed to prosecute their claims in relation to alleged predatory lending practices, a New Jersey federal magistrate judge on May 4 recommended that the court dismiss their claims (Leonard Calvaruso, et al. v. JP Morgan Chase Bank, N.A., No. 14-4515, D. N.J.; 2015 U.S. Dist. LEXIS 58417).

Mealey's Litigation Procedure - 3rd Circuit: Consumer Law Ruling Applies Retroactively In Restaurant.com Case

PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule should apply to the present plaintiffs that had alleged violation of the act by Restaurant.com Inc. in a putative class complaint (Larissa Shelton, et al. v. Restaurant.com Inc., No. 14-3316, 3rd Cir.; 2015 U.S. App. LEXIS 7145).

Mealey's IP/Tech - 3rd Circuit: Consumer Law Ruling Applies Retroactively In Restaurant.com Case

PHILADELPHIA - Although a trial court judge correctly found that the New Jersey Supreme Court's new rule regarding the state's Truth-in-Consumer Contract, Warrant and Notice Act (TCCWNA) was not fully retroactive, a Third Circuit U.S. Court of Appeals panel on April 30 ruled that the new rule should apply to the present plaintiffs that had alleged violation of the act by Restaurant.com Inc. in a putative class complaint (Larissa Shelton, et al. v. Restaurant.com Inc., No. 14-3316, 3rd Cir.; 2015 U.S. App. LEXIS 7145).

Mealey's Toxic Tort/Environmental - Train Derailment Plaintiffs: Prima Facie Case Established, Experts Not Needed

CAMDEN, N.J. - The plaintiffs who sued railroad company defendants alleging personal injury from vinyl chloride that was spilled as a result of a train derailment filed a brief on April 23 in federal court in New Jersey, contending that although they have provided expert reports to the defendants, no expert testimony is required to establish a prima facie case (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Panel Finds Insured's Settlement Of Defects Lawsuit Was Reasonable

TRENTON, N.J. - A trial court erred in finding that a window installer's $1.6 million settlement of a condominium association's construction defects lawsuit was not reasonable, a New Jersey appeals panel held April 27, reversing a decision granting an insurer's motion to dismiss the association's complaint (Fox Development Co. Inc., et al. v. Praetorian Insurance Co. f/k/a Insurance Corporation of Hanover, et al., No. A-0386-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 958).

Mealey's Toxic Tort/Environmental - Groups Dismiss Clean Water Act Claim Against New Jersey Transportation Agency

TRENTON, N.J. - Raritan Baykeeper Inc. and Edison Wetlands Association Inc. on April 24 agreed to dismiss their claim accusing the New Jersey Department of Transportation (N.J. DOT) of violating the Clean Water Act (CWA) at a site in Sayreville, N.J., after finding that the agency did not violate the terms of its National Pollutant Discharge Elimination System (NPDES) permit for discharges of storm water (Raritan Baykeeper v. NL Industries Inc., et al., No. 09-4117, D. N.J.).

Mealey's Litigation Procedure - New Jersey Devils Sued By Season Ticket Holders For Obstructing Sales

NEWARK, N.J. - Two New York residents filed a class complaint on April 21 against New Jersey Devils LLC in the U.S. District Court for the District of New Jersey, alleging that the hockey team improperly prohibits them and other season ticket holders from selling individual or blocks of game tickets (Rey Olsen, et al. v. New Jersey Devils, LLC, No. 15-2807, D. N.J.).

Mealey's IP/Tech - New Jersey Federal Judge Awards Fees In Trademark Case

NEWARK, N.J. - A declaratory judgment trademark plaintiff won an award of attorney fees on April 21, when a New Jersey federal judge agreed that Union County, N.J., asserted, in two cease-and-desist letters, trademark rights that it knew did not exist (Tina Renna v. County of Union, N.J., No. 11-3328, D. N.J.; 2015 U.S. Dist. LEXIS 52381).

Mealey's Toxic Tort/Environmental - Railroad Company: Paulsboro Chemical Spill Claims Based On 'Improper' Report

CAMDEN, N.J. - The railroad company defendants sued by a New Jersey school district and borough for $5,865,339 in damages for a chemical spill that was the result of a train derailment on April 20 filed a brief in New Jersey federal court, contending that the plaintiffs' allegations are based on a report from the National Transportation Safety Board (NTSB) that is "improper and inadmissible" (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Labor & Employment - Macy's Delivery Drivers Seek Preliminary Approval Of $2.8M Wage Settlement

NEWARK, N.J. - Independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and Home Delivery Link Inc. moved April 15 in the U.S. District Court for the District of New Jersey to settle their wage claims for $2.8 million (Henry Badia, et al. v. Home Delivery Link, Inc., et al., No. 12-6920, D. N.J.).

Mealey's Litigation Procedure - Macy's Delivery Drivers Seek Preliminary Approval Of $2.8M Wage Settlement

NEWARK, N.J. - Independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and Home Delivery Link Inc. moved April 15 in the U.S. District Court for the District of New Jersey to settle their wage claims for $2.8 million (Henry Badia, et al. v. Home Delivery Link, Inc., et al., No. 12-6920, D. N.J.).

Mealey's Insurance - Magistrate Judge: Service Via P.O. Box Is Acceptable In Insurance Fraud Suit

TRENTON, N.J. - A federal magistrate judge in New Jersey on April 14 granted an insurance company's motion for substituted service on a defendant in an insurance fraud suit, finding that the company has actively attempted to locate the defendant's address (Government Employees Insurance Company v. Scott Greenberg, et al., No. 14-2904, D. N.J.; 2015 U.S. Dist. LEXIS 48573).

Mealey's PI/Product Liability - Appeal Of Zometa Jaw Injury Defense Verdict Dismissed After 'Amicable' Resolution

TRENTON, N.J. - A plaintiff's appeal of a 2013 Zometa defense verdict in New Jersey state court was dismissed April 9 after the plaintiff and defendant Novartis Pharmaceuticals Corp. announced that the case has been "amicably resolved" (Beverly Meng v. Novartis Pharmaceuticals Corporation, No. A-5220-12T1, N.J. Super., App. Div.).

Mealey's IP/Tech - Federal Circuit Affirms: Patents Not Proven Invalid As Obvious

WASHINGTON, D.C. - A New Jersey federal judge properly rejected claims that a patented method of treating eye infections by the topical administration of azithromycin would have been obvious to one of ordinary skill in the art, the Federal Circuit U.S. Court of Appeals ruled April 9 (Insite Vision Inc., et al. v. Sandoz Inc., No. 14-1065, Fed. Cir.; 2015 U.S. App. LEXIS 5717).

Mealey's PI/Product Liability - Judge Finds Untimely Complaint, Expert Report Don't Warrant Dismissal

NEWARK, N.J. - Though a widow served both an amended asbestos complaint and her expert report late, the missed deadlines do not warrant dismissal or striking the expert, a federal judge in New Jersey held April 9 (Claire Thomasson, et al. v. Air & Liquid Systems Corp., et al., No. 13-1034, D. N.J.; 2015 U.S. Dist. LEXIS 46386).

Mealey's Litigation Procedure - Judge Finds Untimely Complaint, Expert Report Don't Warrant Dismissal

NEWARK, N.J. - Though a widow served both an amended asbestos complaint and her expert report late, the missed deadlines do not warrant dismissal or striking the expert, a federal judge in New Jersey held April 9 (Claire Thomasson, et al. v. Air & Liquid Systems Corp., et al., No. 13-1034, D. N.J.; 2015 U.S. Dist. LEXIS 46386).

Mealey's Toxic Tort/Environmental - Judge Finds Untimely Complaint, Expert Report Don't Warrant Dismissal

NEWARK, N.J. - Though a widow served both an amended asbestos complaint and her expert report late, the missed deadlines do not warrant dismissal or striking the expert, a federal judge in New Jersey held April 9 (Claire Thomasson, et al. v. Air & Liquid Systems Corp., et al., No. 13-1034, D. N.J.; 2015 U.S. Dist. LEXIS 46386).

Mealey's Litigation Procedure - Paulsboro Train Derailment Plaintiffs: Core Claims Are Not Preempted

CAMDEN, N.J. - The plaintiffs who sued railroad company defendants alleging personal injury from vinyl chloride that was spilled as a result of a train derailment filed a brief on April 6 in New Jersey federal court arguing that the defendants' motion for partial summary judgment should be denied because there is no preemption of the residents' core claims (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - New Jersey Federal Judge Remands Claimant's Suit, Says No Federal Questions Exist

NEWARK, N.J. - A New Jersey federal judge on April 6 granted a disability claimant's motion to remand a suit to New Jersey state court after determining that claimant's suit no longer raises any federal questions because the disability insurer was dismissed from the suit (John B. McHugh Jr. v. Vanguard Benefit Solutions LLC, et al., No. 14-5867, D. N.J.; 2015 U.S. Dist. LEXIS 44577).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Plaintiffs: Core Claims Are Not Preempted

CAMDEN, N.J. - The plaintiffs who sued railroad company defendants alleging personal injury from vinyl chloride that was spilled as a result of a train derailment filed a brief on April 6 in New Jersey federal court arguing that the defendants' motion for partial summary judgment should be denied because there is no preemption of the residents' core claims (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - New Jersey Court Finds Landlord Was Entitled To Evict Tenants

TRENTON, N.J. - After finding that tenants failed to show that alleged mold growth in their apartment prevented their landlord from increasing their rent, a New Jersey appeals court on April 8 affirmed a decision allowing the landlord to evict them (Georgian Gardens v. Russell and Vanessa Shields, No. A-3598-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 761).