TRENTON, N.J. - In an unpublished opinion, a New Jersey Tax Court judge on Aug. 9 found that a cigar wholesaler is not immune from a state tax on tobacco because it did not keep adequate records showing that it sold tobacco to an out-of-state buyer (Cigar Stop Inc. v. Director of the Division of Taxation, No. 015587-2014, N.J. Tax, 2017 N.J. Tax Unpub. LEXIS 46).
TRENTON, N.J. - A New Jersey federal judge on Aug. 8 granted a plaintiff's motion to strike and bar Wal-Mart Stores East Inc.'s use of the deposition transcript and documents obtained as a result of a March 28 deposition of the plaintiff's physician, but refused to disqualify Wal-Mart's counsel for conducting the deposition (Patricia Hone v. Wal-Mart, Inc., No. 14-1006, D. N.J., 2017 U.S. Dist. LEXIS 124736).
NEWARK, N.J. - Defendants in a seven-year-old asbestos lawsuit on Aug. 8 asked a New Jersey federal judge to replace a special discovery master due to conflict of interest from his past and current law firm associations (Kimberlee Williams, et al. v. BASF Catalysts LLC., et al., No. 11-1754, D. N.J.).
WASHINGTON, D.C. - About 195 federal lawsuits alleging that proton pump inhibitor (PPI) drugs cause serious kidney injury were centralized Aug. 2 by a federal panel before U.S. Judge Claire C. Cecchi of the District of New Jersey (In Re: Proton-Pump Inhibitor Products Liability Litigation [No. II], MDL Docket No. 2789, JPMDL).
TRENTON, N.J. - A New Jersey appeals court panel on July 28 reversed the exclusion of two plaintiff experts from the state's Accutane multicounty litigation, reinstating 2,076 cases that had been dismissed (In Re: Accutane Litigation, Nos. A-4698-14T1 and A-0910-16T1, N.J. Super., App. Div., 2017 N.J. Super. LEXIS 116).
TRENTON, N.J. - The New Jersey Supreme Court on July 26 reversed and remanded a case in which a couple sued a municipality and companies associated with a dry cleaning business, finding that the complaint for physical injuries had been filed in a timely manner, contrary to the rulings of two lower courts (Edan Ben Elazar, et al. v. Macrietta Cleaners, Inc., et al., No. A-11-16, N.J. Sup., Sept. Term 2016; 2017 N.J. 809).
TRENTON, N.J. - Umbrella and excess policies must be included when allocating liability for coverage of underlying asbestos claims filed against an insured because the excess and umbrella policies are a type of risk transfer, a New Jersey federal judge said July 26 in granting an insurer's motion for summary judgment (The Travelers Indemnity Co., et. al., v. Thomas & Betts Corp., No. 13-6187, D. N.J., 2017 U.S. Dist. LEXIS 117135).
TRENTON, N.J. - The New Jersey Superior Court Appellate Division on July 25 reversed summary judgment in 18 of the state's multicounty Accutane litigation, saying that under New Jersey's product liability law, there remain questions on whether the post-2002 warning label for the acne drug adequately warned doctors and patients about the risk of permanent bowel injury (In Re: Accutane Litigation, Nos. A-4750-14T1 and A-0164-15T1, N.J. Super., App. Div., 017 N.J. Super. Unpub. LEXIS 1885).
TRENTON - After finding that a borrower's claims for violation of the Truth in Lending Act (TILA) were barred by a previous state court foreclosure case, a New Jersey federal judge on July 19 granted a loan-servicing company's motion to dismiss the case (Ariel Barel v. Green Tree Servicing, LLC, et al., No. 16-cv-08880, D. N.J., 2017 U.S. Dist. LEXIS 112424).
NEWARK, N.J. - A New Jersey federal magistrate judge on July 14 granted an insured's motion to consolidate a subrogation lawsuit filed by a property owner against an insured and an insurance coverage lawsuit filed against the insured after determining that the suits involve common questions of law regarding subrogation of costs and coverage for a property contaminated with mercury (BRG Harrison Lofts Urban Renewal LLC v. General Electric Company, et al., and Evanston Insurance Co. v. Accredited Environmental Technologies Inc., et al., Nos. 16-6577, 17-1584, D. N.J., 2017 U.S. Dist. LEXIS 109447).
NEWARK, N.J. - A shareholder sued a pharmaceutical company and certain of its executive officers on July 12 in New Jersey federal court, alleging that the defendants concealed manufacturing issues with the drug company's inflammatory dry eye disease medication in violation of federal securities laws (Dylan Caraker v. Ocular Therapeutix Inc., et al., No. 17-5095, D. N.J.).
NEW YORK - A New Jersey-based dungaree manufacturer argues in a July 10 brief in the Second Circuit U.S. Court of Appeals that a 2003 agreement that settled a previous trademark dispute with a rival clothier serves to bar the present trademark claims brought against it by that same company (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).
CAMDEN, N.J. - A New Jersey federal judge on June 30 granted a federal flood insurer's motion for summary judgment and denied an insured's cross-motion in a coverage dispute arising from Superstorm Sandy damage (Brian R. McDowell, Plaintiff, v. USAA General Indemnity Co., No. 14-4529, D. N.J., 2017 U.S. Dist. LEXIS 101978).
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on June 29 affirmed a lower court's approval of a $10,017,000 class action settlement involving property contamination by hexavalent chromium from two industrial sites in New Jersey, but it remanded the case for a reconsideration of litigation costs pursuant to federal rules of procedure (Mattie Halley, et al. v. Honeywell International Inc., et al., No. 16-2712, 3rd Cir.; 2017 U.S. App LEXIS 11594).
NEWARK, N.J. - An insured seeking coverage for environmental contamination costs settled its claims with one of its insurers on June 27, according to a stipulation of dismissal filed in New Jersey federal court (E.M. Sergeant Pulp & Chemical Co. Inc., et al. v. The Travelers Indemnity Co. Inc., et al., No. 12-1741, D. N.J.).
TRENTON, N.J. - A New Jersey appeals panel on June 21 affirmed a lower court's finding that an insurance policy's insured vs. insured exclusion bars directors and officers liability coverage for underlying counterclaims involving the insured's officers (Michael Abboud v. National Union Fire Insurance Company of Pittsburgh, Pa., No. A-3434-14T1, N.J. Super., App. Div., 2017 N.J. Super. LEXIS 80).
NEWARK, N.J. - A New Jersey federal judge on June 14 denied without comment a plaintiff's motion to reconsider a June 6 ruling that dismissed, for the second time, a putative class action alleging that J. Crew Group Inc. violated the Fair and Accurate Credit Transactions Act (FACTA) by 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., 2017 U.S. Dist. LEXIS 91080).
HACKENSACK, N.J. - Property owners filed a complaint in the Bergen County Superior Court on June 12 contending that Verizon New Jersey Inc. is liable for $1,591,435 in damages because it failed to remediate contamination on property it leased from the plaintiffs in breach of its rental contract (Joan Rudnick, et al. v. Verizon New Jersey Inc., No. L-4023-17, N.J. Super., Bergen Co.).