SOUTH BEND, Ind. - A group of shareholders have met all statutory requirements to serve as lead plaintiffs in a securities class action lawsuit against a medical equipment developer and certain of its executive officers, a federal judge in New Jersey ruled April 3 in granting their motion for appointment as lead plaintiffs (Rajesh M. Shah v. Zimmer Biomet Holdings Inc., et al., No. 16-0815, N.D. Ind., 2017 U.S. LEXIS 50236).
CAMDEN, N.J. - Insureds have failed to provide sufficient evidence to show that their homeowners insurance provider acted in bad faith in denying their claim for coverage, a federal judge in New Jersey ruled April 3 in granting the insurer's motion to dismiss (William Williams, et al. v. State Farm Fire & Casualty Insurance Co., No. 16-9028, D. N.J., 2017 U.S. Dist. LEXIS 50261).
NEWARK, N.J. - Dismissal of claims against a pharmaceutical company's director in a securities class action lawsuit is proper because lead plaintiffs failed to serve the director within the statutorily required 120-time period and failed to show that an extension of that time period is warranted, a federal judge in New Jersey ruled March 31 in granting the director's motion to dismiss (Robin J. Dartell, et al. v. Tibet Pharmaceuticals Inc., et al., No. 14-3620, D. N.J., 2017 U.S. Dist. LEXIS 48915).
CAMDEN, N.J. - A New Jersey federal judge on March 31 granted a federal flood insurer's motion for summary judgment in a Superstorm Sandy coverage dispute, rejecting the insured's argument that bulletins from Federal Emergency Management Agency waived the proof-of-loss requirement and extended the time under which she could file her coverage lawsuit (Theresa Caivano v. Allstate Insurance Co., No. 15-5791, D. N.J., 2017 U.S. Dist. LEXIS 50490).
NEWARK, N.J. - A New Jersey federal judge on April 3 granted Howard Johnson International Inc.'s (HJI) unopposed motion for summary judgment on breach of contract, breach of guarantee and Lanham Act claims against a franchisee, saying the franchisee did not provide any information refuting HJI's claims (Howard Johnson International Inc. v. SSR Inc., et al., No. 14-4611, D. N.J., 2017 U.S. Dist. LEXIS 51109).
TRENTON, N.J. - Finding an expert's testimony on the placement of a warning label on a watercraft unreliable, a New Jersey federal judge on March 31 ruled that summary judgment is still not appropriate on a failure-to-warn claim because there is a genuine dispute of material fact as to whether the two existing warnings on the watercraft were adequate (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 15-49, D. N.J., 2017 U.S. Dist. LEXIS 48908).
CAMDEN, N.J. - A New Jersey federal judge on March 31 denied an insurer's motions for summary judgment in a breach of contract and bad faith lawsuit arising from wind damage caused by Superstorm Sandy (Coleman Enterprises Co. v. Scottsdale Insurance Co., No. 14-07533, D. N.J., 2017 U.S. Dist. LEXIS 50078).
NEWARK, N.J. - A federal judge in New Jersey on April 3 denied General Electric Co.'s (GE) motion to dismiss a lawsuit seeking cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act for contamination at a site sold to a developer in 2015, ruling that discovery is needed to find the definition of "environmental response activities" in the indemnity and settlement agreement (ISA) (BRG Harrison Lofts Urban Renewal LLC v. General Electric Company, No. 16-6577, D. N.J., 2017 U.S. Dist. LEXIS 50265).
WASHINGTON, D.C. - The U.S. Supreme Court on April 3 denied review of a New Jersey Supreme Court ruling that allows failure-to-warn claims against generic drug manufacturers who fail to update their labels to warn against risks that are part of the predecessor brand-name drug's label (In Re Reglan Litigation, PLIVA, Inc., et al. v. Phyllis Kohles, et al., No. 16-684, U.S. Sup.).
TRENTON, N.J. - After finding expert testimony on the scope and value of damages incurred by two supermarkets during Hurricane Sandy to be admissible, a New Jersey federal judge on March 28 granted in part and denied in part summary judgment to an insurer (MD Retail Corp. d/b/a Monmouth Beach Supermarket and MS Retail Corp. d/b/a Sea Bright Supermarket v. AmGuard Insurance Group, No. 14-6589, D. N.J., 2017 U.S. Dist. LEXIS 44996).
TRENTON, N.J. - A federal judge in New Jersey on March 28 denied a motion to certify a class for consumers of cedar shingles that allegedly cup and curl due to water retention and struck testimony from experts for the plaintiffs and manufacturer Maibec Inc. (Ilene Stern, et al. v. Maibec, Inc., No. 11-3951, D. N.J.).
TRENTON, N.J. - The New Jersey Supreme Court on March 27 voted 6-1 in favor of vacating a ruling denying the state of New Jersey's motion to dismiss a contribution lawsuit brought by NL Industries Inc. under the New Jersey Spill Compensation and Control Act (Spill Act), finding that the state could raise the sovereign immunity defense for an incident that occurred before the act was enacted (NL Industries, Inc. v. State of New Jersey, No. A-44-15, N.J. Sup., 2017 N.J. LEXIS 325).
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on March 22 reversed a federal judge in New Jersey's ruling awarding summary judgment to the maker of the osteoporosis drug Fosamax, finding that the manufacturer was unable to produce evidence showing that the Food and Drug Administration would not have approved a stronger warning on the drug's label regarding the risk of femoral fracture (In re Fosamax [Alendronate Sodium] Products Liability Litigation, No. 14-1900, 3rd Cir., 2017 U.S. App. LEXIS 5075).
NEWARK, N.J. - Three drug makers and the three largest pharmacy benefit managers have engaged in a pricing scheme to drive up the cost of diabetes insulin - by more than 150 percent in the last five years - in violation of the Racketeer Influenced and Corrupt Organizations Act, the Employee Retirement Income Security Act of 1974, the Sherman Act and numerous state laws, four consumers and Type 1 Diabetes Defense Foundation allege in a March 17 class complaint filed in the U.S. District Court for the District of New Jersey (Julia Boss, et al. v. CVS Health Corporation, et al., No. 17-1823, D. N.J.).
NEWARK, N.J. - Finding that there is a genuine issue of material fact regarding whether an insured complied with a provision of a Standard Flood Insurance Policy (SFIP) regarding proof of loss, a New Jersey federal judge on March 20 denied a federal flood insurer's motion for summary judgment in a breach of contract lawsuit stemming from Superstorm Sandy (Thomas Tennis v. Selective Insurance Company of America, No. 15-5801, D. N.J., 2017 U.S. Dist. LEXIS 39244).