LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Viacom Seeks Judgment On Remanded Intrusion Claim Over Nickelodeon Websites

NEWARK, N.J. - In a Nov. 22 reply brief in New Jersey federal court, Viacom Inc. argues that it is entitled to summary judgment on the sole remaining intrusion upon seclusion claim in a remanded putative class action over purported collection of personally identifiable information (PII) from minors because the evidence clearly shows that it did not collect any "real-world identifying details" about users of its Nickelodeon websites (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).

Mealey's Insurance - Insureds' Liability Must Be Resolved Before Coverage Issues, New Jersey Panel Says

TRENTON, N.J. - Insurers' coverage obligations in a mold damages suit can be adjudicated only after the insureds' liability for the damages caused by the mold contamination is resolved, the Appellate Division of the New Jersey Superior Court determined Nov. 21 (Larry Chenault v. Victory Highlands Condominium Association Inc., et al., Nos. A-3626-14T4, A-3627-14T4, A-3628-14T4, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 2500).

Mealey's Labor & Employment - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers (Matthew Schaub, et al. v. Chesapeake & Delaware Brewing Holdings and Iron Hill Brewery, LLC, No. 16-756, E.D. Pa.; 2016 U.S. Dist. LEXIS 157203).

Mealey's Litigation Procedure - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers; a federal judge in Pennsylvania approved the final settlement on Nov. 14 (Matthew Schaub, et al. v. Chesapeake & Delaware Brewing Holdings and Iron Hill Brewery, LLC, No. 16-756, E.D. Pa.; 2016 U.S. Dist. LEXIS 157203).

Mealey's Toxic Tort/Environmental - Agency Acted Properly When Fining Company Over Site Remediation, Court Says

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not err when ordering a company to pay $40,500 in fines for failing to remediate a site that it previously used for manufacturing wood-working materials, a New Jersey appeals court panel ruled Nov. 3, finding that the evidence shows that the company failed to comply with the Industrial Site Recovery Act (ISRA) (New Jersey Department of Environmental Protection v. Hood Finishing Products Inc., No. A-3955-14T1, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 2407).

Mealey's Toxic Tort/Environmental - New Jersey Appeals Court Finds Settlement With Environmental Agency Was Not Final

TRENTON, N.J. - The New Jersey Department of Environmental Protection (NJDEP) did not breach the terms of a settlement agreement with Cumberland Farms Inc. when naming the company as a defendant in lawsuits over contamination caused by the gasoline additive methyl tertiary butyl ether (MTBE) in New York federal court, a New Jersey appeals court panel ruled Nov. 2, after finding that the agreement was not final and enforceable (Cumberland Farms Inc. v. New Jersey Department of Environmental Protection, No. A-4355-14T2, N.J. Super., App. Div.; 2016 N.J. Super., LEXIS 139).

Federal Judge Won't Rescind Remand Order, Grant Crane Co. Judgment

NEWARK, N.J. - A federal judge in New Jersey on Oct. 26 denied Crane Co.'s motion asking her to rescind a 16-month-old remand order and grant it summary judgment, saying the Third Circuit U.S. Court of Appeals' order requiring reconsideration of a summary judgment order involving other defendants did not require such an outcome (Linda Hammell, et al. v. Air & Liquid Systems Corp., et al., No. 14-13, D. N.J.; 2016 U.S. Dist. LEXIS 148139).

Mealey's Toxic Tort/Environmental - Federal Judge Won't Rescind Remand Order, Grant Crane Co. Judgment

NEWARK, N.J. - A federal judge in New Jersey on Oct. 26 denied Crane Co.'s motion asking her to rescind a 16-month-old remand order and grant it summary judgment, saying the Third Circuit U.S. Court of Appeals' order requiring reconsideration of a summary judgment order involving other defendants did not require such an outcome (Linda Hammell, et al. v. Air & Liquid Systems Corp., et al., No. 14-13, D. N.J.; 2016 U.S. Dist. LEXIS 148139).

Mealey's Insurance - Panel: Insured's Settlement Bars Subrogated Insurer's Condo Defect Claims

TRENTON, N.J. - The entire-controversy doctrine precludes a subrogated insurer from asserting claims on behalf of its insured against an engineering firm for damage to a condominium because the claims were fully resolved in a prior lawsuit filed by the insured, a New Jersey appeals panel ruled Oct. 20 (Franklin Mutual Insurance Co. as subrogee of Sevastyan Ploshchansky v. Castle Restoration and Construction Inc. and Falcon Engineering Company LLC, No. A-5272-14T2, N.J. Super., App. Div.).

Mealey's Litigation Procedure - Suit Over Credit Card Numbers On J. Crew Receipts Dismissed

NEWARK, N.J. - Citing Spokeo v. Robbins (136 S.Ct. 1540 [2016]), a New Jersey federal judge on Oct. 20 dismissed a putative class action against J. Crew Inc. under the Fair and Accurate Credit Transactions Act (FACTA), finding that the complaint failed to allege any concrete injuries from the retailer's printing too many credit card digits on customers' receipts (Ahmed Kamal v. J. Crew Group Inc., et al., No. 2:15-cv-00190, D. N.J.; 2016 U.S. Dist. LEXIS 145392).

Mealey's Insurance - North Carolina Law Bars Insurance Fraud Claim Against Device Seller, Judge Rules

CAMDEN, N.J. - Two companies that sell transcutaneous electrical nerve stimulation (TENS) devices and associated accessories to medical professionals and allegedly submitted inflated bills to Aetna Health Inc. and Aetna Life Insurance Co. (collectively, Aetna) cannot face allegations of insurance fraud brought by the insurer, a federal judge in New Jersey rule Oct. 19, explaining that North Carolina law requires that the accused party be criminally convicted of insurance fraud before bringing the claim (Aetna Health Inc., et al. v. Carolina Analgesic Inc., et al., No. 13-7202, D. N.J.; 2016 U.S. Dist. LEXIS 144872).

Mealey's Labor & Employment - Health Insurer Pays $33 Million To Settle Chiropractors' Payment Suit

NEWARK, N.J. - Horizon Healthcare Service Inc. and related companies (collectively, Horizon) has already transferred $33 million to an interest-bearing, federally insured escrow account that will be used to pay class members, settlement administration costs above the $160,000 that Horizon is obligated to pay and any attorney fees and costs under a settlement granted final approval by a New Jersey federal judge on Oct. 18, ending a class complaint filed by chiropractors alleging that Horizon systematically denied payment for certain services rendered (Alphonse A. DeMaria, et al. v. Horizon Healthcare Services, Inc. d/b/a Horizon Blue Cross Blue Shield of New Jersey, et al., No. 11-7298, D. N.J.; 2016 U.S. Dist. LEXIS 143941).

Mealey's Toxic Tort/Environmental - Judge: Most Of Settlement Transcript In Train Derailment Case Should Not Be Sealed

CAMDEN, N.J. - The federal judge in New Jersey presiding over claims brought by residents who say they were injured as a result of a vinyl chloride spill into Mantua Creek on Oct. 17 ruled that the majority of a transcript pertaining to settlement transactions could not be sealed (In re: Paulsboro Derailment Cases [Karen Armistead v. Consolidated Rail Corp., et al., No. 13-2358], Master Docket No. 13-784, D. N.J.).

Mealey's Litigation Procedure - Health Insurer Pays $33 Million To Settle Chiropractors' Payment Suit

NEWARK, N.J. - Horizon Healthcare Service Inc. and related companies (collectively, Horizon) has already transferred $33 million to an interest-bearing, federally insured escrow account that will be used to pay class members, settlement administration costs above the $160,000 that Horizon is obligated to pay and any attorney fees and costs under a settlement granted final approval by a New Jersey federal judge on Oct. 18, ending a class complaint filed by chiropractors alleging that Horizon systematically denied payment for certain services rendered (Alphonse A. DeMaria, et al. v. Horizon Healthcare Services, Inc. d/b/a Horizon Blue Cross Blue Shield of New Jersey, et al., No. 11-7298, D. N.J.; 2016 U.S. Dist. LEXIS 143941).

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).