TRENTON, N.J. - A materials scientist told a New Jersey jury on Feb. 20 that it was his opinion that a man's mesothelioma arose from exposure to asbestos in talc products he used nearly daily for his entire life, but under cross-examination admitted that the government had not found any evidence of asbestos contamination in the product (Stephen Lanzo, et al. v. Cyprus Amex Minerals Co., et al., No. L00738516, N.J. Super., Middlesex Co.).
NEWARK, N.J. - A New Jersey federal judge on Feb. 20 denied an insurer's motion for judgment on the pleadings in its lawsuit seeking a declaration that it has no duty to defend or indemnify its insured against underlying unfair competition claims (National Union Fire Insurance Company of Pittsburgh, Pa. v. Becton, Dickinson, and Company, No. 17-691, D. N.J, 2018 U.S. Dist. LEXIS 27847).
PHILADELPHIA - Applying logic New Jersey's top court first espoused in an asbestos case finding a duty to prevent household exposures, a federal judge in Pennsylvania said Feb. 21 that the duty also extends past spouses to a girlfriend who frequently visited an employee's residence (Brenda Ann Schwartz v. Accuratus Corp., No. 12-6189, E.D. Pa., 2018 U.S. Dist. LEXIS 27405).
TRENTON, N.J. - Two claimants allege in a Feb. 16 complaint filed in the New Jersey federal court that they are entitled to benefits from the New Jersey Property Liability Guaranty Association (NJPLIGA) for injuries arising from a motor vehicle accident involving an unidentified motor vehicle owner and operator (Porfirio Torres, et al. v. New Jersey Property Liability Insurance Guaranty Association, No. 18-02290, D. N.J.).
JERSEY CITY, N.J. - In an unpublished opinion released Feb. 13, a New Jersey Superior Court Appellate Division panel affirmed summary judgment for a landlord in a dog bite suit after finding that a landlord was not aware that a dog owned by his tenants had dangerous propensities (Wendy L. Faircloth v. Jeremy Beville, et al., No. A-0447-16T1, N.J. Sup., App. Div., N.J. Super. Unpub. LEXIS 332).
TRENTON, N.J. - An auto insurer is liable for personal injury protection (PIP) benefits for an unnamed additional insured under terms of a voided insurance contract, a New Jersey appeals panel affirmed Feb. 8 (Tyrone S. Henry Sr., et al. v. Santosh S. Bhowmik, et al., No. A-3331-15T4, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 286).
TRENTON, N.J. - A federal judge in New Jersey on Feb. 9 granted a motion by three doctors to dismiss a medical malpractice suit against them after finding that the court does not have jurisdiction over the case, in which a woman claimed that she contracted an infection after a surgery (Francie Meth v. Thomas Jefferson Hospitals Inc., et al., No. 3:17-CV-13323, D. N.J., 2018 U.S. Dist. LEXIS 21312).
TRENTON, N.J. - A medical provider has a valid assignment of Employee Retirement Income Security Act benefits, and it is too early in its litigation against an insurer to determine if its claims seek duplicative recovery, a federal judge in New Jersey held Feb. 2 (University Spine Center v. Anthem Blue Cross Life & Health Ins. Co., No. 17-8711, D. N.J., 2018 U.S. Dist. LEXIS 17537).
NEWARK, N.J. - A New Jersey federal judge on Jan. 30 refused to dismiss two counts in a claimant's class action lawsuit seeking benefits under an Employee Retirement Income Security Act health plan for her stay at an out-of-network residential psychiatric treatment facility, rejecting the defendants' argument that the two counts are "merely improper attempts to repackage her claim for benefits" (E.S., by and through her parents and guardians, To.S. and Ti.S., individually, on behalf of similarly situated individuals v. Marsh & McLennan Companies, Inc. Benefits Administration Committee, et al., No. 17-03351, D. N.J.).
TRENTON, N.J. - A New Jersey jury heard oral arguments Jan. 30 on whether a man's mesothelioma could have been caused by asbestos that contaminated the talc he used for years (Stephen Lanzo, et al. v. Cyprus Amex Minerals Co., et al., No. L00738516, N.J. Super., Middlesex Co.).
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on Jan. 30 affirmed the dismissal of four Accutane bowel injury cases as time-barred (Kristy Brecke v. Hoffman-La Roche Inc., No. A-1359-14T4, Gregory Luongo v. Hoffman-La Roche Inc., No. A-1361-14T4, James Albert Boerma, Jr. v. Hoffman-La Roche Inc., No. A-2581-14T4, Brian Thomas Zimpfer v. Hoffman-La Roche Inc., No. 2582-14T4, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 226).
JERSEY CITY, N.J. - A panel of the New Jersey Superior Court Appellate Division on Jan. 29 affirmed the dismissal of a medical malpractice suit against a doctor and the practice he worked for after finding that the estate of a woman did not file a timely appeal over the dismissal of the suit (Estate of Patricia Grieco v. Hans J. Schmidt M.D., et al., No. A-0756-16T4, N.J. Super., App. Div., 2018 N.J. Super Unpub. LEXIS 205).
NEWARK, N.J. - A New Jersey federal bankruptcy judge on Jan. 26 abstained from deciding a request by former Chapter 11 debtor G-I Holdings Inc. to enforce its reorganization plan injunction to bar indemnification claims for cleanup of a polluted industrial site, saying a state court is "fully capable of adjudicating" the claims and G-I's injunction bid (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy., 2018 Bankr. LEXIS 214).
TRENTON, N.J. - The New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) is not subject to awards of attorney fees, a state appeals panel affirmed Jan. 26 because attorney fees are not a "covered claim" paid by the NJPLIGA (Rafaela A. Guichardo v. New Jersey Property-Liability Insurance Guaranty Association, No. A-4410-15T3, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 196).
NEWARK, N.J. - A New Jersey mother and her minor daughter filed a personal injury lawsuit on Jan. 22 against a driver and the state's insurance guaranty association, alleging that they are entitled to uninsured motorist benefits for the driver's negligence (Shamya Tillery, et al. v. Lynnes Nissan, et al., No. ESX-L-000497-18, N.J. Super., Essex Co.).
TRENTON, N.J. - Efforts by Telebrands Inc. - maker of the "Polar Pooch" self-cooling mat - to obtain dismissal of allegations that it induced others to infringe two cooling platform patents were unsuccessful Jan. 24, when a New Jersey federal judge deemed the claim sufficient under the Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), pleading standards (The Green Pet Shop Enterprises LLC v. Telebrands Inc., No. 17-6179, D. N.J.).
TRENTON, N.J. - A Michigan state road agency cannot reopen the liquidation of Integrity Insurance Co. to recover payouts from car accident claims, a New Jersey appeals panel affirmed Jan. 19, finding that the liquidation was properly finalized (In the matter of the liquidation of Integrity Insurance Co., No. A-3285-15T3, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 134).
NEWARK, N.J. - Statements made by defendants in a securities class action lawsuit against a pet food company and certain of its executive officers in 2015 investor earnings calls were not forward-looking or protected by the safe harbor provision of the Private Securities Litigation Reform Act (PSLRA), and the lead plaintiff has shown that the defendants knew that their statements were false when they made them, a federal judge in New Jersey ruled Jan. 12 in denying the defendants' motion to dismiss (Gary Curran v. Freshpet Inc., et al., No. 16-2263, D. N.J., 2017 U.S. Dist. LEXIS 5833).
NEWARK, N.J. - A New Jersey federal judge on Jan. 11 adopted a federal magistrate judge's recommendations and sent a class complaint alleging that the printing of more than five digits of credit card numbers on receipts violated the Fair and Accurate Credit Transactions Act (FACTA) amendment to the Fair Credit Reporting Act back to an Illinois state court (Anita Parker, et al. v. J. Crew Grp., Inc., et al., No. 17-1214, D. N.J., 2018 U.S. Dist. LEXIS 5360).