LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Cocoa Trading House Appeals Order Vacating $2.6M Award To 2nd Circuit

NEW YORK - A New Jersey cocoa trading house on Oct. 14 filed a notice of appeal with the Second Circuit U.S. Court of Appeals, seeking to appeal an order granting a petition to vacate a $2,606,626 arbitral award issued against a cooperative made up of Peruvian farmers (Cooperativa Agraria Industrial Naranjillo Ltda. V. Transmar Commodity Group Ltd., No. 16-3356, S.D. N.Y.; 2016 U.S. Dist. LEXIS 129969).

Mealey's PI/Product Liability - Invokana MDL Hearing Set For Dec. 1; Janssen Concurs, Agrees With New Jersey Venue

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Oct. 14 scheduled arguments for the creation of an Invokana multidistrict litigation to take place Dec. 1 in North Carolina (In Re: Invokana [Canagliflozin] Products Liability Litigation, MDL Docket No. 2750, JMPDL).

Mealey's PI/Product Liability - 102 New Jersey Accutane Cases Dismissed Because Doctors Are Dead Or Missing

ATLANTIC CITY, N.J. - A New Jersey state court judge on Oct. 12 dismissed with prejudice 102 Accutane bowel injury cases because prescribing physicians in the 11-year-old litigation are deceased or cannot be located to testify that a different warning would have changed their decision to prescribe the acne drug (In Re: Accutane Litigation, No. 271, N.J. Super., Atlantic Co.).

Mealey's Toxic Tort/Environmental - Man's Suit Over Volkswagen's Emissions Belongs In State Court, Judge Rules

NEWARK, N.J. - A man's lawsuit claiming that Volkswagen Group of America Inc. violated the New Jersey Consumer Fraud Act and other state laws when marketing "clean diesel" vehicles that contained a defeat device to beat emissions tests belongs in state court because the allegations do not raise a federal question, a federal judge in New Jersey ruled Oct. 4 (Christopher Ruzich v. Volkswagen Group of America Inc., et al., No. 16-4753, D. N.J.; 2016 U.S. Dist. LEXIS 138436).

Mealey's Litigation Procedure - New Jersey Magistrate Denies Insurance Department Motion To Quash Subpoena

NEWARK, N.J. - A New Jersey federal magistrate judge on Sept. 30 denied the New Jersey Department of Banking and Insurance's motion to quash a subpoena related to the denial of a woman's mental health treatments, saying a confidentiality provision in the state Health Care Quality Act is preempted by the Employee Retirement Income Security Act (Rachel B. v. Horizon Blue Cross Blue Shield of New Jersey, No. 14-cv-01153, D. N.J.; 2016 U.S. Dist. LEXIS 135547).

Mealey's Health Law - New Jersey Magistrate Denies Insurance Department Motion To Quash Subpoena

NEWARK, N.J. - A New Jersey federal magistrate judge on Sept. 30 denied the New Jersey Department of Banking and Insurance's motion to quash a subpoena related to the denial of a woman's mental health treatments, saying a confidentiality provision in the state Health Care Quality Act is preempted by the Employee Retirement Income Security Act (Rachel B. v. Horizon Blue Cross Blue Shield of New Jersey, No. 14-cv-01153, D. N.J.; 2016 U.S. Dist. LEXIS 135547).

Mealey's Labor & Employment - New Jersey Magistrate Denies Insurance Department Motion To Quash Subpoena

NEWARK, N.J. - A New Jersey federal magistrate judge on Sept. 30 denied the New Jersey Department of Banking and Insurance's motion to quash a subpoena related to the denial of a woman's mental health treatments, saying a confidentiality provision in the state Health Care Quality Act is preempted by the Employee Retirement Income Security Act (Rachel B. v. Horizon Blue Cross Blue Shield of New Jersey, No. 14-cv-01153, D. N.J.; 2016 U.S. Dist. LEXIS 135547).

Mealey's IP/Tech - New Jersey Federal Judge Denies Relief In Air Freshener Patent Case

TRENTON, N.J. - A case involving claims of willful design patent infringement will proceed without a preliminary injunction in place, a New Jersey federal judge ruled Sept. 27 (Brandywine Product Group International v. Universal Distribution Center LLC, No. 16-2248, D. N.J.; 2016 U.S. Dist. LEXIS 132195).

Mealey's Toxic Tort/Environmental - New Jersey Officials: Case Fails To State Claim; Sovereign Immunity Applies

TRENTON, N.J. - New Jersey Gov. Chris Christie and other state officials on Sept. 23 filed a brief in New Jersey federal court arguing that a lawsuit brought against them by a group of residents seeking compensatory and punitive damages in relation to lead-contaminated drinking water should be dismissed because the officials are entitled to sovereign immunity (Veronica Branch, et al v. Chris Christie, et al., No. 16-2467, D. N.J.).

Mealey's IP/Tech - Trademark Counterclaim Survives Motion In New Jersey Federal Litigation

TRENTON, N.J. - Counterclaims of contributory copyright infringement were rejected Sept. 22 by a New Jersey federal judge as barred by the economic loss doctrine because the allegations giving rise to the counterclaim are not "separate and distinct" from a related breach of contract counterclaim (Air Express International d/b/a DHL Global Forwarding Corporation v. LOG-NET Inc., No. 12-1732, D. N.J.; 2016 U.S. Dist. LEXIS 129409).

Mealey's IP/Tech - New Jersey Federal Judge Enjoins Sales Of Generic Levothyroxine Formulation

TRENTON, N.J. - Although denying a plaintiff's request to dismiss counterclaims of inequitable conduct, a New Jersey federal judge on Sept. 20 nonetheless granted the plaintiff a preliminary injunction in a patent dispute over injectable lyophilized levothyroxine (Fresenius Kabi USA LLC v. Fera Pharmaceuticals LLC, et al., No. 15-3654, D. N.J.; 2016 U.S. Dist. LEXIS 128126).

Mealey's Litigation Procedure - 'Bridgegate' Class Suit Partially Survives Dismissal Motions

NEWARK, N.J. - A New Jersey federal judge on Sept. 15 trimmed claims in a class complaint accusing New Jersey officials of orchestrating a scheme, referred to as "Bridgegate," to cause a traffic jam by closing lanes of the George Washington Bridge (GWB) in September 2013 without prior notice and denied a motion for class certification as premature (Zachary Galicki, et al. v. State of New Jersey, GW Car Service LLC, et al. v. State of New Jersey, et al., No. 14-169, D. N.J.; 2016 U.S. Dist. LEXIS 126076).

Mealey's PI/Product Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Litigation Procedure - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Securities/D&O Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Labor & Employment - Office Depot Assistant Managers Granted Certification In Wage Suit

NEWARK, N.J. - A New Jersey federal judge on Sept. 13 granted final certification of a collective action filed by assistant store managers (ASMs) seeking unpaid overtime wages under the Fair Labor Standards Act (FLSA) and certified three out of four proposed classes alleging violations of various state wage-and-hour laws (Kyle Rivet, et al. v. Office Depot, Inc., No. 12-2992, D. N.J.; 2016 U.S. Dist. LEXIS 123655).

Mealey's Litigation Procedure - Office Depot Assistant Managers Granted Certification In Wage Suit

NEWARK, N.J. - A New Jersey federal judge on Sept. 13 granted final certification of a collective action filed by assistant store managers (ASMs) seeking unpaid overtime wages under the Fair Labor Standards Act (FLSA) and certified three out of four proposed classes alleging violations of various state wage-and-hour laws (Kyle Rivet, et al. v. Office Depot, Inc., No. 12-2992, D. N.J.; 2016 U.S. Dist. LEXIS 123655).

Mealey's Bankruptcy - G-I Holdings Wins Summary Judgment On Claims By New York Housing Authority

NEWARK, N.J. - The New York City Housing Authority (NYCHA) cannot pursue asbestos property damage claims against former Chapter 11 debtor G-I Holdings Inc. because the authority's allegations fail to meet the required elements for indemnity or restitution, a New Jersey federal bankruptcy judge held Sept. 9 in awarding G-I summary judgment (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy.; 2016 Bankr. LEXIS 3314).

Mealey's PI/Product Liability - Judge: No Evidence Man Joined Talc Defendants To Defeat Federal Jurisdiction

TRENTON, N.J. - No evidence supports an allegation that a man joined two companies to an asbestos-tainted talc action simply to avoid federal court, a federal judge in New Jersey said Sept. 6 in remanding the case (Gilbert Paul Hernandez v. Brenntag North America Inc., et al., No. 16-4038, D. N.J.; 2016 U.S. Dist. LEXIS 119854).

Mealey's Toxic Tort/Environmental - Judge: No Evidence Man Joined Talc Defendants To Defeat Federal Jurisdiction

TRENTON, N.J. - No evidence supports an allegation that a man joined two companies to an asbestos-tainted talc action simply to avoid federal court, a federal judge in New Jersey said Sept. 6 in remanding the case (Gilbert Paul Hernandez v. Brenntag North America Inc., et al., No. 16-4038, D. N.J.; 2016 U.S. Dist. LEXIS 119854).

Mealey's Bankruptcy - 3rd Circuit Panel Will Not Rehear Appeal Of Pollution Claims Against Flintkote

PHILADELPHIA - A two-judge panel of the Third Circuit U.S. Court of Appeals on Sept. 8 declined to reconsider its decision rejecting an appeal by a corporate property owner seeking to hold Chapter 11 debtor The Flintkote Co. liable for pollution at an old New Jersey manufacturing site (8 E. Frederick Place LLC v. The Flintkote Co., et al., No. 15-2886, 3rd Cir.).

Mealey's Insurance - EPA Letter Constitutes Suit, Triggers Carrier's Duty To Defend, New Jersey Judge Says

NEWARK, N.J. - A New Jersey judge on Aug. 30 granted an insured's motion for summary judgment after determining that a general notice letter issued by the U.S. Environmental Protection Agency constitutes a suit under the terms of insurance policies at issue and triggers the insurer's duty to defend (Cooper Industries LLC v. Employers Insurance of Wausau et al., No. L-9284-11, N.J. Super., Essex Co., Law Div.; 2016 N.J. Super. Unpub. LEXIS 2003).

Mealey's Insurance - Illinois Court Properly Found Contamination Suit Should Be Resolved In New Jersey

CHICAGO - The First District Illinois Appellate Court on Aug. 22 determined that a trial court did not err in dismissing an environmental contamination coverage suit filed by excess insurers because New Jersey, where a similar suit is pending, is the more appropriate venue to resolve the dispute (American Home Assurance Co., et al., v. National-Standard LLC, et al., No. 1-15-1363, Ill. App., 1st Dist., 1st Div.; 2016 Ill. App. Unpub. LEXIS 1733).

Mealey's PI/Product Liability - Concert Goers File Suit Against Rappers Over Railing Collapse

PHILADELPHIA - A group of plaintiffs on Aug. 24 sued rappers Snoop Dogg and Whiz Khalifa for contributing to the atmosphere that led to the collapse of a railing at a concert in New Jersey that caused several injuries (Michael Carpenter, et al. v. Live Nation Worldwide Inc., et al., No. 160803137, Pa. Comm. Pls., Philadelphia Co.).

Mealey's Litigation Procedure - Nickelodeon Privacy Plaintiffs Oppose Viacom's Summary Judgment Plan On Remand

NEWARK, N.J. - The plaintiffs in a privacy class action against Viacom Inc. and Google Inc. filed a letter in New Jersey federal court Aug. 19, taking issue with Viacom's efforts to file a prediscovery summary judgment motion to dispose of the remaining intrusion upon seclusion claim that was recently revived and remanded by the Third Circuit U.S. Court of Appeals (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).