LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Magistrate Judge: Information Created During ADR Process Is Not Discoverable

NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 7 denied a motion to compel filed by a third-party defendant company in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit seeking information from another third party, holding that information created as part of an alternative dispute resolution (ADR) process is not discoverable (New Jersey Department of Environmental Protection, et al. v. American Thermoplastics Corp., et al., No. 98-CV-4781, D. N.J., 2017 U.S. Dist. LEXIS 16743).

Mealey's Health Law - Judge Orders Liquidation Of ACA Health Care Provider

TRENTON, N.J. - A New Jersey judge on Feb. 3 ordered a Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation and appointed the state's insurance commissioner as liquidator (In the Matter of Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chanc. Div.).

Mealey's Insurance - Judge Enters Default Judgment Against Lawyer In Professional Liability Dispute

NEWARK, N.J. - A New Jersey federal judge on Feb. 3 granted a lawyers professional liability insurer's motion for a default judgment against its attorney insured, finding that the insured knowingly made material misrepresentations on his insurance applications and that the insurer will also suffer prejudice if the default is denied (Liberty Insurance Underwriters, Inc. v. James H. Wolfe, III, et al., No. 16-2353, D. N.J., 2017 U.S. Dist. LEXIS 16295).

Mealey's Insurance - Judge Orders Liquidation Of ACA Health Care Provider

TRENTON, N.J. - A New Jersey judge on Feb. 3 ordered a Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation and appointed the state's insurance commissioner as liquidator (In the Matter of Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chanc. Div.).

Mealey's Insurance - New Jersey High Court: Assignment Valid; Coverage Owed For Environmental Claims

TRENTON, N.J. - The New Jersey Supreme Court on Feb. 1 affirmed that an assignment of rights under numerous insurance policies issued between 1964 and 1986 is enforceable and valid because the assignment was made after the loss occurred and the insurers' obligation to insure the risk under the policies was not altered by the assignment to a successor company (Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., et al., No. 2015, 076523, N.J. Sup., 2017 N.J. LEXIS 121).

Mealey's Insurance - Federal Judge: Fact Issues Exist As To Proof Of Loss In Superstorm Sandy Dispute

CAMDEN, N.J. - Finding that there are genuine issues of material fact as to whether an insured submitted and an insurer received a proof of loss for the insured's Superstorm Sandy damage, a New Jersey federal judge on Jan. 31 denied the insurer's motion for summary judgment in the resulting coverage dispute (Gregg S. Balin v. New Jersey Manufacturers Insurance Co., No. 14-5001, D. N.J., 2017 U.S. Dist. LEXIS 12952).

Mealey's Toxic Tort/Environmental - New Jersey Governor, School: Case Alleging Lead-Tainted Drinking Water Fails

TRENTON, N.J. - New Jersey Gov. Chris Christie, members of his administration and the State-Operated School District of the City of Newark, N.J., on Jan. 30 filed two briefs in New Jersey federal court arguing that the lawsuit brought by residents who contend that the state and the school district are liable for lead-contaminated drinking water in the school district should be dismissed for lack of standing and failure to state a claim (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).

Mealey's Litigation Procedure - Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit

NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).

Mealey's Antitrust/Unfair Competition - Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit

NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).

Mealey's PI/Product Liability - Sanofi Pasteur To Pay $61.5M To Settle Meningitis Vaccine Anti-Competitive Class Suit

NEWARK, N.J. - Three pediatric medical practices on Jan. 27 asked a New Jersey federal court to approve a $61.5 million cash settlement of claims alleging that drug maker Sanofi Pasteur Inc. and a subsidiary engaged in anti-competitive behavior by bundling its Menactra quadrivalent meningococcal vaccine (MCV4) with other pediatric vaccines to keep another meningitis vaccine from cutting into Sanofi's 100 percent market share (Adriana M. Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.).

Mealey's Insurance - Judge: Insureds' Claim Is 'Directly Contradicted' By Federal Law And Regulations

CAMDEN, N.J. - A New Jersey federal judge on Jan. 25 granted a federal flood insurer's motion for summary judgment in its insureds' lawsuit seeking coverage for additional Superstorm Sandy damages, finding that the insureds' failure to submit a supplemental proof of loss defeats their claim (Thomas Rossetti and Yana Rossetti v. Selective Insurance Company of America, No. 15-5737, D. N.J.; 2017 U.S. Dist. LEXIS 10670).

Mealey's PI/Product Liability - Plaintiffs Leadership Named In Invokana MDL

TRENTON, N.J. - The New Jersey federal judge overseeing the Invokana multidistrict litigation on Jan. 24 appointed 14 plaintiff attorneys to leadership positions (In Re: Invokana [Canagliflozin] Products Liability Litigation, MDL Docket No. 16-md-2750, D. N.J.).

Mealey's Insurance - Judge: Factors Weigh In Favor Of Setting Aside Default Entered Against Attorney

NEWARK, N.J. - A New Jersey federal judge on Jan. 23 granted an attorney insured's motion to set aside a default entered against him in a dispute over professional liability coverage for underlying legal malpractice claims (Wesco Insurance Co. v. Michael S. Shuhala, et al., No. 16-2106, D. N.J.; 2017 U.S. Dist. LEXIS 8581).

Mealey's IP/Tech - Federal Magistrate Judge Allows Amended Trade Secret, Patent Claims

TRENTON, N.J. - A dispute over methodologies and inventions used in the gaming industry will proceed with new allegations of trade secret misappropriation and patent infringement, a New Jersey federal magistrate judge ruled Jan. 24 in an unpublished decision (High Five Games LLC v. Daniel Marks, et al., No. 13-7161, D. N.J.; 2017 U.S. Dist. LEXIS 9302).

Mealey's PI/Product Liability - Accutane Claim Not Time-Barred, New Jersey Supreme Court Says; $25M Verdict Is Back

TRENTON, N.J. - A unanimous New Jersey Supreme Court on Jan. 24 reinstated a $25.15 million Accutane bowel injury verdict after finding that New Jersey's statute of limitations and discovery rule apply to the plaintiff's claim and not Alabama's more restrictive law (Andrew McCarrell v. Hoffman-La Roche, Inc., et al., No. A-28 September Term 2015 076524, N.J. Sup.; 2017 N.J. LEXIS 19).

Mealey's Insurance - New Jersey Federal Judge Caps Limits For Missing Policies In Environmental Dispute

NEWARK, N.J. - A New Jersey federal judge on Jan. 19 partially granted an insurer's motion for summary judgment in an environmental contamination coverage suit involving missing policies after determining that the limits for the missing policies must be capped at $5,000 per accident and $25,000 in the aggregate (E.M. Sergeant Pulp & Chemical Co. Inc., et al. v. The Travelers Indemnity Co. Inc., et al., No. 12-1741, D. N.J.; 2017 U.S. Dist. LEXIS 7231).

Mealey's PI/Product Liability - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No. 15-8466, D. N.J.; 2016 U.S. Dist. LEXIS 181534).

Mealey's Litigation Procedure - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No. 15-8466, D. N.J.; 2016 U.S. Dist. LEXIS 181534).

Mealey's Toxic Tort/Environmental - Judge Orders Discovery Into Canadian Companies' Contacts With New Jersey

TRENTON, N.J. - Additional discovery is needed into two Canadian companies' contacts with New Jersey so that a woman can fairly contest motions to dismiss her asbestos action on jurisdictional grounds, a federal judge in New Jersey said Jan. 9 (Estelle Grimes, et al. v. AT&T Corp., et al., No. 15-8466, D. N.J.; 2016 U.S. Dist. LEXIS 181534).

Mealey's Antitrust/Unfair Competition - Judge Finds California Law Provision In Facebook Terms Is Enforceable

SAN FRANCISCO - After finding that a California choice-of-law clause in Facebook Inc.'s terms of service is enforceable, a California federal judge on Jan. 9 granted the social media's company's motion to dismiss claims for violation of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) (Jose Palomino, et al. v. Facebook Inc., No. 16-cv-04230, N.D. Calif.; 2017 U.S. Dist. LEXIS 2971).

Mealey's PI/Product Liability - Federal Judge Grants Partial Motion To Dismiss Claims In Six Flags Injury Suit

TRENTON, N.J. - A federal judge in New Jersey on Jan. 3 dismissed fraudulent concealment and breach of express and implied warranty claims in a suit in which a man claims that he was injured by a phone that hit him in the face while on a roller coaster at Six Flags Great Adventure because the man did not particularly specify how the park was hiding evidence from him and that his ticket to get into the park was not a "good" under New Jersey law (Evan Huzinec v. Six Flags Great Adventure LLC, No. 16-2754, D. N.J.; 2017 U.S. Dist. LEXIS 555).

Mealey's Toxic Tort/Environmental - New Jersey Panel Upholds Ruling Dismissing Suit Over Remediation Obligations

TRENTON, N.J. - A New Jersey appellate panel on Dec. 29 affirmed a chancery court judge's decision to dismiss a company's declaratory judgment suit against the New Jersey Department of Environmental Protection (NJDEP), finding that the plaintiff company is required to comply with the requirements of the Site Remediation Reform Act (SRRA) (Drytech Inc. v. State of New Jersey, Department of Environmental Protection, No. A-5619-14T4, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 2750).

Mealey's Toxic Tort/Environmental - Judge Refuses To Reconsider Dismissal Of New Jersey Agency In Groundwater Case

TRENTON, N.J. - A federal judge in New Jersey on Dec. 20 refused to reconsider his previous ruling that dismissed the New Jersey Turnpike Authority (NJTA) from a lawsuit brought by environmental groups who had contended that the authority and the New Jersey Department of Transportation (NJDOT) were liable for discharging chemicals into the groundwater (Raritan Baykeeper Inc., et al. v. NL Industries Inc., et al., No. 09-4117, D. N.J.).

Mealey's Health Law - Rehabilitator Asks Court To Order ACA Insurer Into Liquidation

TRENTON, N.J. - New Jersey's banking and insurance commissioner on Dec. 15 asked a state court to order an insolvent Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation (Richard J. Badolato, Commissioner of the Department of Banking and Insurance of New Jersey v. Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chancery Div.).

Mealey's PI/Product Liability - Judge Bars Expert Testimony On Retail Safety Operations In Suit Against Grocery Store

TRENTON, N.J. - Although excluding an expert from testifying on retail safety operations, a New Jersey federal judge on Dec. 19 declined to grant summary judgment to Whole Foods Market because fact issues exist as to whether it showed "reasonable or due care" by placing a yellow warning sign near a spill until an employee returned with a mop (Gabriela Puerto v. Whole Foods Market, et al., No. 14-5118, D. N.J.; 2016 U.S. Dist. LEXIS 174714).