NEWARK, N.J. - Citing Spokeo v. Robbins (136 S.Ct. 1540 ), 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).
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).
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).
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.).
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).
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).
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.).
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).
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).
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).
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.).
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).
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).
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).
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.).
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).
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).
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).