TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on Aug. 27 upheld the dismissal of a landowner's claims for nuisance and trespass against an oil company whose leaks from underground storage tanks resulted in contamination of a portion of the plaintiff's property, finding that the man agreed to have the company remediate the property (Anthony F. Favorito v. Puritan Oil Company Inc., et al., No. A-3426-12T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. 2109).
NEWARK, N.J. - A New Jersey federal judge on Aug. 26 granted an electronic corporation's motion to dismiss certain claims in a class action complaint filed by purchasers of allegedly defective washing machines but allowed claims for negligent misrepresentation and fraud to proceed (Robert N. Durso, et al. v. Samsung Electronics America Inc., No. 12-cv-5352, D. N.J.; 2014 U.S. Dist. LEXIS 118467).
TRENTON, N.J. - A New Jersey federal judge on Aug. 25 found the methodology used by a purported expert on vehicle damage and diminished value to be unreliable, granting a vehicle manufacturer's motion to strike his testimony in a dispute over a repair settlement agreement (Robert Deficcio, et al. v. Winnebago Industries Inc., No. 3:11-cv-07406, D. N.J.; 2014 U.S. Dist. LEXIS 118082).
TRENTON, N.J. - Although two defendants "persuasively" argued that a method patent is patent-ineligible, a New Jersey federal judge on Aug. 19 nonetheless denied their motion to dismiss without prejudice (Data Distribution Technologies LLC v. BRER Affiliates Inc. et al., No. 12-4878, D. N.J.).
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on Aug. 15 remanded a health insurance breach of contract case to state court, holding that the Employee Retirement Income Security Act did not preempt the claims (Thomas R. Peterson, M.D., et al. v. Cigna Insurance Co., et al., No. 14-03818, D. N.J.; 2014 U.S. Dist. LEXIS 11349).
TRENTON, N.J. - Direct purchasers of ductile iron pipe fittings (DIPF) have adequately pleaded facts suggesting that sellers of DIPF engaged in a price-fixing conspiracy, a federal judge in New Jersey ruled Aug. 13 in denying the sellers' motions to dismiss (In re Ductile Iron Pipe Fittings [DIPF] Direct Purchaser Antitrust Litigation, No. 12-711, D. N.J.; 2014 U.S. Dist. LEXIS 111988).
TRENTON, N.J. - A hotel company on Aug. 14 filed a lawsuit in the U.S. District Court for the District of New Jersey against Exxon Mobil Corp. seeking $1.2 million for damages allegedly caused by Exxon's failure to remediate an environmental hazard that contaminated the property on which the hotels sits and caused the hotel's deal to sell the property to fall through (Rose Hotels Ltd. Inc. v. Exxon Mobil Corporation, No. 14-05111, D. N.J.).
PHILADELPHIA - A New Jersey federal judge properly found that a copyright defendant had knowledge of a company's infringing activities, but she erred in awarding the prevailing plaintiff $4.5 million in damages, the Third Circuit U.S. Court of Appeals held Aug. 6 (Star Pacific Corp. v. Star Atlantic Corp., et al., No. 12-2253, 3rd Cir.).
TRENTON, N.J. - A New Jersey appeals panel on Aug. 4 vacated a $2,125,617 Accutane bowel injury verdict and affirmed defense verdicts in two other cases tried at the same time (Gillian Gaghan v. Hoffman-La Roche Inc., et al., Nos. A-2717-11T2, A-3211-11T2 and A-3217-11T2, N.J. Super., App. Div.).
CAMDEN, N.J. - Norfolk Southern Railway Co. (Norfolk), one of the defendants in the consolidated Paulsboro, N.J., train derailment litigation in the U.S. District Court for the District of New Jersey, on July 29 filed an answer and affirmative defenses denying liability for the spill of vinyl chloride and other chemicals into Mantua Creek (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on July 29 held that the Medicare as a Secondary Payer Act (MSP Act) authorizes the government to seek reimbursement from a settlement a plaintiff receives from a tortfeasor because the funds came from a "primary plan" and that the plaintiff cannot invoke a New Jersey state law to avoid her reimbursement obligations (Cecelia A. Taransky v. Secretary of the U.S. Department of Health and Human Services, et al., No. 13-3483, 3rd Cir.; 2014 U.S. App. LEXIS 14408).
NEWARK, N.J. - New Jersey does not impose liability for third-party asbestos-containing gaskets, packing or insulation applied to a manufacturers' pump, a New Jersey federal judge held July 23 in citing a state appeals court's April decision (William J. Robinson and Gail A. Robinson v. Air & Liquid Systems Corp., et al., No. 11-4078, D. N.J.; 2014 U.S. Dist. LEXIS 99778).
TRENTON, N.J. - Allegations that a defendant used a plaintiff's image in promotional materials without her consent in violation of Section 43(a) of the Lanham Act were rejected by a New Jersey federal judge on July 24 (Khadi Madama v. Genesis Rehab, No. 12-1451, D. N.J.).
NEWARK, N.J. - A prior class complaint filed in New Jersey state court that, for a time, tolled the statute of limitations for Telephone Consumer Protection Act (TCPA) claims brought by recipients of allegedly unauthorized faxed ads failed to save the otherwise untimely TCPA claim filed in New Jersey federal court more than six years after the fax was sent, a New Jersey federal judge ruled July 22 (A & L Industries, Inc., et al. v. P. Cipollini, Inc., No. 12-7598, D. N.J.; 2014 U.S. Dist. LEXIS 99285).
TRENTON, N.J. - A federal judge in New Jersey on July 22 issued an order dismissing an insured's bad faith claim against an insurer for failure to pay on a flood insurance policy after Hurricane Sandy, ruling that the claim is preempted by federal law (Mark Damiano v. Harleysville Insurance Co. of New Jersey, No. 13-7239, D. N.J.; 2014 U.S. Dist. LEXIS 97988).
TRENTON, N.J. - A New Jersey Superior Court, Appellate Division, panel on July 17 affirmed rulings awarding summary judgment to a contractor and concrete subcontractor that built a condominium complex that allegedly had issues with water infiltration caused by the use of black tar paper as opposed to Tyvek building wrap, ruling that the plaintiff was unable to sufficiently state claims for negligence and breach of contract (Saratoga at Toms River Condominium Association Inc. v. Menk Corporation Inc., et al., No. A-5421-11T3, N.J. Super, App. Div.).
TRENTON, N.J. - A New Jersey federal judge on July 17 dismissed an insured's claims for bad faith, attorney fees and "any other relief" deemed reasonable in a coverage dispute arising from Superstorm Sandy damage (Mark Damiano v. Harleysville Insurance Company of New Jersey, No. 3:13-cv-07239-FLW-LHG, D. N.J.; 2014 U.S. Dist. LEXIS 97988).
TRENTON, N.J. - No additional coverage is afforded for water and mold damage to an insured patio roof because it is clear that the damages were not hidden and the policy at issue precludes losses caused by wear and tear, the New Jersey Superior Court Appellate Division said July 18 (Gerald Romano et al. v. Metropolitan Property & Casualty Insurance Co., No. A-3525-11T1, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 1768).
NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on July 9 granted final approval of a class action settlement over wrongful reimbursements for out-of-network health care services (Cathleen McDonough v. Horizon Blue Cross Blue Shield of New Jersey, No. 09-571, D. N.J.; 2014 U.S. Dist. LEXIS 93559).