CAMDEN, N.J. - One of the railroad company defendants being sued by New Jersey residents seeking damages related to a chemical spill caused by the derailment of a train crossing the bridge over Mantua Creek on May 22 filed a brief in New Jersey federal court contending that punitive damages should not be permitted (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
TRENTON, N.J. - No coverage is available to homeowners for damages caused to their own property by a leaking underground fuel storage tank because the policy clearly excludes coverage under the owned property exclusion and limits coverage related to liability claims related to oil spills, the New Jersey Superior Court Appellate Division said May 15 (Stanley and Leah Weiss v. New Jersey Manufacturers Insurance Co., No.A-5219-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1134).
NEWARK, N.J. - A conductor who was working on Amtrak Train No. 188 when it derailed in Philadelphia on May 12 filed suit in New Jersey state court May 18, seeking damages for his injuries (Emilio Fonseca, et al. v. National Railroad Passenger Corp. d/b/a Amtrak, No. N/A, N.J. Super. Essex Co.).
CAMDEN, N.J. - A New Jersey legislator on May 13 sent a letter to the U.S. attorney for the District of New Jersey renewing his call for a criminal investigation into the train derailment that spilled vinyl chloride into the Mantua Creek in 2012 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
PHILADELPHIA - A New Jersey federal court must reconsider a class complaint filed by deliverers alleging that they were misclassified as independent contractors following a ruling by the New Jersey Supreme Court regarding what employment test applies to those claims, the Third Circuit U.S. Court of Appeals ruled May 12 (Sam Hargrove, et al. v. Sleepy's LLC, Nos. 12-2540 and 12-2541, 3rd Cir.; 2015 U.S. App. LEXIS 7832).
TRENTON, N.J. - A New Jersey appeals panel on May 12 affirmed a lower court's rulings in a coverage dispute over underlying legal malpractice claims but remanded to consider the attorney insured's application for counsel fees and costs (Law Offices of Anthony Carbone v. Chicago Insurance Co., et al., No. A-3384-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1080).
PHILADELPHIA - A New Jersey man claiming fraud over his purchase of a classic car from a California dealer did not establish that state's jurisdiction over the defendants, a Third Circuit U.S. Court of Appeals panel ruled May 11, finding that the dealer's interactive website and two emails did not constitute purposeful availment of its activities toward New Jersey (John Corigliano v. Classic Motor Inc., et al., No. 14-3586, 3rd Cir.; 2015 U.S. App. LEXIS 7722).
CAMDEN, N.J. - One of the railroad company defendants sued by New Jersey residents who allege personal injuries from vinyl chloride that was spilled as a result of a train derailment filed a document in New Jersey federal court on May 12 containing findings of fact contending that the judge should seal and redact portions of the transcript of the proceedings because a failure to do so is "highly likely to cause them serious injury" (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
NEWARK, N.J. - A federal judge in New Jersey on May 12 partially dismissed an insurance bad faith lawsuit, ruling that although insureds have properly shown that their insurer owed them a fiduciary duty and breached it, other claims are either duplicative or are not permissible due to the parties' involvement in a valid insurance contract (Adolf Senft, et al. v. Fireman's Fund Insurance Co., et al., No. 14-7805, D. N.J.; 2015 U.S. Dist. LEXIS 61870).
NEWARK, N.J. - A New Jersey federal judge on May 12 denied an insurer's motion to dismiss a Superstorm Sandy coverage dispute, finding that the insurer presented no admissible evidence supporting its contention that the insureds' attorney violated discovery and scheduling orders (Peter Blaso & Demeglio Family v. Alterra Excess & Surplus Insurance Co., No. 14-2574 [WHW-CLW], D. N.J.; 2015 U.S. Dist. LEXIS 61869).
NEWARK, N.J. - A New Jersey federal judge on May 12 granted a motion to dismiss numerous claims asserted by a borrower attempting to avoid foreclosure, finding that his claims for violation of the Real Estate Settlement Procedures Act (RESPA) and the Home Ownership Equity Protection Act (HOEPA) were time-barred and that he failed to state a claim to support his other allegations (Benjamin Coleman v. Deutsche Bank National Trust Company, et al., No. 15-1080, D. N.J.; 2015 U.S. Dist. LEXIS 61875).
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.).
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.).
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.).
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).
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).
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).
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.).
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).
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.).