NEWARK, N.J. - A federal magistrate judge in New Jersey on Feb. 22 transferred a lawsuit involving allegedly defective mortar repair made by Strongwall Industries Inc. to the U.S. District Court for the Southern District of New York, finding that the events giving rise to the lawsuit occurred in Manhattan (Central Construction Management LLC v. Strongwall Industries Inc., et al., No. 15-7342, D. N.J.; 2016 U.S. Dist. LEXIS 20771).
NEW YORK - A federal judge in New York on Feb. 19 approved a $1.7 million settlement between the New Jersey Department of Environmental Protection (NJDEP) and Duke Energy Merchants LLC (DEM), one of the defendants in a lawsuit seeking damages for groundwater contamination from methyl tertiary butyl ether (MTBE) (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, MDL 1358, New Jersey Department of Environmental Protection v. Atlantic Richfield Company, No. 08-0312, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21263).
CAMDEN, N.J. - A New Jersey federal judge on Feb. 16 denied without prejudice an insured's motion to set aside a final judgment in a Superstorm Sandy coverage dispute based on the purported neglectful representation of her former counsel, allowing the insured to renew her motion to show that there are extraordinary circumstances that warrant relief from the judgment (Emma Linbald v. Nationwide Mutual Insurance Co., No. 14-908, D. N.J.; 2016 U.S. Dist. LEXIS 18100).
NEWARK, N.J. - A New Jersey federal judge on Feb. 16 granted a lender's motion to dismiss a property owner's claim for violation of the Real Estate Settlement Procedures Act (RESPA), finding that certain claims for damages were not actionable under RESPA (Amelia Giordano v. MGC Mortgage Inc., No. 15-4399, D. N.J.; 2016 U.S. Dist. LEXIS 18283).
TRENTON, N.J. - The New Jersey Supreme Court on Feb. 11 affirmed a lower court's ruling that a directors and officers liability insurer was not required to demonstrate that it suffered prejudice before denying coverage based on the insured's failure to give timely notice of an underlying claim stemming from a failed real estate transaction, finding that the "claims made" policy was "not a contract of adhesion but was agreed to by sophisticated parties" (Templo Fuente De Vida Corp. and Fuente Properties Inc. v. National Union Fire Insurance Company of Pittsburgh, P.A., No. A-18 September Term 2014, 074572, N.J. Sup.; 2016 N.J. LEXIS 144).
NEWARK, N.J. - A federal judge in New Jersey on Feb. 8 granted in part a foreign insurer's motion to dismiss certain tort claims brought by an alleged retrocessional reinsurer regarding a dispute over an approximately $9 million retrocessional reinsurance premium (National Indemnity Company v. Companhia Siderurgica Nacional S.A., et al., No. 15-cv-00752, D. N.J.; 2016 U.S. Distr. LEXIS 14873).
TRENTON, N.J. - A prevailing copyright infringement plaintiff was awarded $12,600 in statutory damages Feb. 8, far less than the $175,000 originally requested in the case (Stephen Kennedy v. Creditgo LLC, No. 15-1790, D. N.J.; 2016 U.S. Dist. LEXIS 14868).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 5 enforced a ruling by the National Labor Relations Board finding that a New Jersey company violated the National Labor Relations Act (NLRA) when it locked out its employees after failing to reach an agreement with the union on health benefits (Alden Leeds, Inc. v. National Labor Relations Board, Nos. 11-1267 and 11-1296, D.C. Cir.; 2016 U.S. App. LEXIS 1998).
TRENTON, N.J. - A condominium owners' association's construction defects claims against a general contractor and three subcontractors did not begin to accrue until the individual unit owners had full control of the association's board, a New Jersey Superior Court Appellate Division ruled Feb. 1 in reversing a ruling awarding summary judgment to the defendants based on the statute of limitations (The Palisades at Fort Lee Condominium Association Inc. v. 100 Old Palisade LLC., et al., No. A-4292-13T3, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 193).
ATLANTIC CITY, N.J. - A New Jersey state court judge on Jan. 29 granted summary judgment in 31 Accutane cases after finding that the prescribing physicians testified that they would have still prescribed the acne drug despite warnings of gastrointestinal injuries (In Re: Accutane Litigation, No. 271, N.J. Super., Atlantic Co.).
NEWARK, N.J. - A New Jersey federal judge on Jan. 27 dismissed New Jersey state claims brought as part of a nationwide class complaint accusing BMW of North America LLC of falsely advertising its single turbocharger engines as having twin turbochargers (Deepkarn Singh Bedi, et al. v. BMW of North America, LLC, No. 15-1898, D. N.J.; 2016 U.S. Dist. LEXIS 9365).
TRENTON, N.J. - New Jersey Acting Attorney General John J. Hoffman on Jan. 27 announced that a New Jersey Division of Developmental Disabilities (DDD) bookkeeper and her husband have been charged with second-degree theft by deception for allegedly submitting nearly $300,000 in false bills to the state for medical services that were not provided to DDD clients.
GRAND RAPIDS, Mich. - A settlement agreement and release, entered into by numerous parties involved in an environmental contamination coverage suit in 1989, included two battery plants that the insured formerly operated in New Jersey, a Michigan federal judge said Jan. 27 (Employers Insurance of Wausau v. McGraw-Edison Co., et al., No. 86-48, W.D. Mich.; 2016 U.S. Dist. LEXIS 9130).
CAMDEN, N.J. - The defendants in a lawsuit accusing football helmets makers of marketing their products with false statements about their ability to reduce concussions may not have information regarding the fee arrangement between the plaintiffs suing them and the plaintiffs' class counsel, a New Jersey federal magistrate judge ruled Jan. 19 (In Re: Riddell Concussion Reduction Litigation, No. 13-7585, D. N.J.).
CAMDEN, N.J. - The New Jersey federal judge presiding over a vinyl chloride exposure lawsuit on Jan. 21 issued a pretrial order that detailed the disputed factual matters between residents who contend that railroad companies are liable for their injuries and those same companies that deny that the plaintiffs have suffered "immediate and/or permanent injuries" (In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
TRENTON, N.J. - A unanimous New Jersey Supreme Court on Jan. 19 reinstated a man's conviction for second-degree insurance fraud, holding that a person violates the state's insurance fraud statute even if the person's misrepresentation does not result in an insurance carrier's payment on the fraudulent claim (State of New Jersey v. Robert Goodwin, No. A-20 September Term 2014, 074352, N.J. Sup.; 2016 N.J. LEXIS 7).
WASHINGTON, D.C. - Public employees, whether affiliated with a specific party or not, have a right to job protection for perceived political association, the attorney representing a demoted police detective argued Jan. 19 before the U.S. Supreme Court (Jeffrey J. Heffernan v. City of Paterson, New Jersey, et al., No. 14-1280, U.S. Sup.).
TRENTON, N.J. - Citing the "present uncertainty of the law" regarding whether compliance with a state's corporate registration statute constitutes consent to jurisdiction, a New Jersey federal judge on Jan. 12 stayed a patent infringement case pending the outcome of AstraZeneca AB v. Aurobindo Pharma Ltd. (No. 14-664, D. Del., Dec. 17, 2014) by the Federal Circuit U.S. Court of Appeals (Takeda GmbH, et al. v. Mylan Pharmaceuticals Inc., No. 15-3384, D. N.J.; 2016 U.S. Dist. LEXIS 3490).
CAMDEN, N.J. - A New Jersey federal magistrate judge on Dec. 30 sanctioned orthopedic device maker Zimmer Inc. for its late production of discovery documents, denied a defense attorney's request to withdraw from the case and ordered Zimmer to produce its agreement to represent a third-party distributor in a spinal fixation plate case(Christopher Trowery v. Joan F. O'Shea, M.D., et al., No. 12-6473, D. N.J.; 2015 U.S. Dist. LEXIS 173155).
TRENTON, N.J. - A liability expert may testify that operators and owners of a theme and amusement part should have warned patrons to wait until everyone was seated before lowering a restraining bar, a New Jersey federal judge ruled Dec. 29, declining to exclude the testimony in a negligence lawsuit (Adrianna Guillen v. Six Flags Great Adventure LLC and Six Flags Theme Parks, Inc., No. 14-2091, D. N.J.; 2015 U.S. Dist. LEXIS 173044).
NEWARK, N.J. - A federal judge in New Jersey on Dec. 21 denied a motion to dismiss by an outside auditor in a securities class action lawsuit, ruling that the lead plaintiff in the action properly pleaded a material misrepresentation and scienter in making his federal securities law claims (Chao Sun v. Daqing Han, et al., No. 15-703, D. N.J.; 2015 U.S. Dist. LEXIS 170005).
CAMDEN, N.J. - One of the groups of plaintiffs suing railroad companies related to a vinyl chloride spill from a train derailment in New Jersey on Dec. 21 filed a notice of an intent to appeal to the Third Circuit U.S. Court of Appeals, among other things, the order issued by the presiding judge that dismissed their complaint for lack of subject matter jurisdiction (Alice Breeman v. Consolidated Rail Corporation, et al., No. 12-07468; In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).