LexisNexis® Legal Newsroom
Mealey's Securities/D&O Liability - Hertz Global, Others Move To Dismiss All Claims In Securities Class Action

NEWARK, N.J. - In separate motions filed between March 24 and March 28, defendants in a securities class action complaint asked a federal judge in New Jersey to dismiss a fourth amended complaint filed by two pension funds, saying the funds failed to plead an actionable misrepresentation or scienter in making their federal securities law claims (In re Hertz Global Holdings Inc. Securities Litigation, No. 13-7050, D. N.J.).

Mealey's Toxic Tort/Environmental - Railroad Company: Plaintiffs Lack Scientific Evidence Of Chemical Exposure

CAMDEN, N.J. - A railroad company sued for injuries from vinyl chloride contamination that allegedly occurred following a train derailment on March 28 filed a brief in New Jersey federal court contending that the case should be dismissed because the plaintiffs did not provide any scientific evidence of the dose of chemical to which they claim to have been exposed (In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's PI/Product Liability - Federal, New Jersey Judges Order Settlement Conference In Mirena IUD Cases

NEW YORK - A federal judge and a New Jersey state court judge on March 24 ordered parties in the Mirena intrauterine device (IUD) litigation to appear at an April 5 joint conference with authority to discuss settlement of the litigation (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, No. 13-md-2434, S.D. N.Y., In Re: Mirena Litigation, No. 297, Master Docket No. BER-L-4098-13, N.J. Super., Bergen Co.).

Mealey's PI/Product Liability - New Jersey Federal Judge Denies Dismissal Of Lanham Act Dispute Between Drug Makers

TRENTON, N.J. - Allegations that Actavis Inc. falsely marked a generic form of oxymorphone hydrochloride extended-release tablets as therapeutically equivalent ("AB rated") to an updated and allegedly improved brand name drug in violation of the Lanham Act will proceed, a New Jersey federal judge ruled March 21 (Endo Pharmaceuticals Inc. v. Actavis Inc., No. 12-7591, D. N.J.; 2016 U.S. Dist. LEXIS 36059).

Mealey's Labor & Employment - 3rd Circuit Affirms Denial of Severance Benefits For Disabled Employee

PHILADELPHIA - A New Jersey federal judge did not err in granting the Severance Pay Plan of Johnson & Johnson and Affiliated U.S. Companies (the plan) summary judgment on allegations that it violated the Employee Retirement Income Security Act (ERISA) by denying an employee's request for severance benefits, the Third Circuit U.S. Court of Appeals concluded March 21 in an unpublished ruling (Alan M. Becknell v. Severance Pay Plan of Johnson & Johnson and Affiliated U.S. Companies, No. 15-2660, 3rd Cir.; 2016 U.S. App. LEXIS 5071).

Mealey's IP/Tech - New Jersey Federal Judge Denies Dismissal Of Lanham Act Dispute Between Drug Makers

TRENTON, N.J. - Allegations that Actavis Inc. falsely marked a generic form of oxymorphone hydrochloride extended-release tablets as therapeutically equivalent ("AB rated") to an updated and allegedly improved brand name drug in violation of the Lanham Act will proceed, a New Jersey federal judge ruled March 21 (Endo Pharmaceuticals Inc. v. Actavis Inc., No. 12-7591, D. N.J.; 2016 U.S. Dist. LEXIS 36059).

Mealey's IP/Tech - Federal Circuit Affirms Findings That 2 Claims Of 2 Patents Are Invalid

WASHINGTON, D.C. - A New Jersey federal judge did not err in holding that two patents relating to oral dosage forms of risedronate and disodium ethylenediaminetetraacetic acid (EDTA) are invalid as obvious, the Federal Circuit U.S. Court of Appeals affirmed March 18 (Warner Chilcott Company LLC, et al. v. Teva Pharmaceuticals USA Inc., No. 15-1588, Fed. Cir.; 2016 U.S. App. LEXIS 4945).

Mealey's Insurance - Panel: Insured Owed Coverage For Debris Removal In Addition To $1M Flood Limit

TRENTON, N.J. - A New Jersey appeals panel on March 14 held that an insured is owed $207,961.28 for debris removal in addition to $1 million in flood coverage under a surplus lines insurance policy, reversing a lower court's partial summary judgment ruling in favor of the insurer in a Superstorm Sandy coverage dispute (Oxford Realty Group Cedar, CLA Management and R.K. Patten LLC v. Travelers Excess and Surplus Lines Co., No. A-0342-14T3, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 552).

Mealey's Labor & Employment - New Jersey Federal Judge Denies Dismissal In ERISA Case

TRENTON, N.J. - Efforts by Blue Cross and Blue Shield of Texas and ExpressJet Airlines to obtain dismissal of an out-of-network health care provider's allegation of Employee Retirement Income Security Act violations were unsuccessful March 7, when a New Jersey federal judge ruled instead that the case should proceed (Atlantic Orthopaedic Associates LLC v. Blue Cross and Blue Shield of Texas, et al., No. 15-1854, D. N.J.; 2016 U.S. Dist. LEXIS 29360).

Mealey's Insurance - Federal Judge Refuses To Set Aside Judgment In Superstorm Sandy Coverage Dispute

CAMDEN, N.J. - A New Jersey federal judge on March 4 refused to set aside a judgment in a coverage dispute over Superstorm Sandy property damage, finding that there is insufficient evidence to warrant reopening the case due to extraordinary circumstances (Gerard Margiotti v. Selective Insurance Co. of America, No. 14-1481, D. N.J.; 2016 U.S. Dist. LEXIS 27749).

Mealey's IP/Tech - Federal Circuit Affirms In Design Patent Dispute

WASHINGTON, D.C. - A New Jersey federal magistrate judge did not err in rejecting on summary judgment allegations of design patent infringement levied in connection with a body washing brush, the Federal Circuit U.S. Court of Appeals ruled March 3 (Allyson Wallace v. Ideavillage Products Corporation, No. 15-1077, Fed. Cir.; 2016 U.S. App. LEXIS 3975).

Mealey's Insurance - Insureds Permitted To File Amended Complaint, New Jersey Appellate Panel Says

TRENTON, N.J. - A trial court did not err in granting a motion to dismiss a complaint; however, the plaintiffs are permitted to file a second amended complaint against their insurers because the dismissal was without prejudice, the New Jersey Superior Court Appellate Division said March 3 (Marolda Farms Inc. et al. v. Maryland Casualty Insurance Co. et al., No. A-5897-13T4, N.J. Super., App. Div.; 2016 N.J. Super. Unpub. LEXIS 459).

Mealey's PI/Product Liability - Federal Judge Trims Claims In Securities Class Action Over FDA Drug Approval

TRENTON, N.J. - A federal judge in New Jersey on March 2 granted in part and denied in part a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that although lead plaintiffs have properly pleaded their federal securities law claims against a pharmaceutical company, they have failed to do so against a number of the company's current and former officers and directors (Bing Li v. Aeterna Zentaris Inc., et al., No. 14-7081, D. N.J.; 2016 U.S. Dist. LEXIS 26772).

Mealey's Litigation Procedure - Federal Judge Trims Claims In Securities Class Action Over FDA Drug Approval

TRENTON, N.J. - A federal judge in New Jersey on March 2 granted in part and denied in part a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that although lead plaintiffs have properly pleaded their federal securities law claims against a pharmaceutical company, they have failed to do so against a number of the company's current and former officers and directors (Bing Li v. Aeterna Zentaris Inc., et al., No. 14-7081, D. N.J.; 2016 U.S. Dist. LEXIS 26772).

Mealey's Securities/D&O Liability - Federal Judge Trims Claims In Securities Class Action Over FDA Drug Approval

TRENTON, N.J. - A federal judge in New Jersey on March 2 granted in part and denied in part a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that although lead plaintiffs have properly pleaded their federal securities law claims against a pharmaceutical company, they have failed to do so against a number of the company's current and former officers and directors (Bing Li v. Aeterna Zentaris Inc., et al., No. 14-7081, D. N.J.; 2016 U.S. Dist. LEXIS 26772).

Mealey's Labor & Employment - New Jersey Federal Judge Sides Partly With Aetna; Subrogation Claims Preempted

CAMDEN, N.J. - Allegations that Aetna Inc. violated New Jersey's anti-subrogation laws were rejected, in part, on March 1 by a New Jersey federal judge on grounds of preemption by the Employee Retirement Income Security Act (Michelle Roche, et al. v. Aetna Inc., et al., No. 13-1377, D. N.J.; 2016 U.S. Dist. LEXIS 25208).

Mealey's Insurance - Olympus Pays $646M In Criminal, Civil Penalties For Kickbacks, False Claims

NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).

Mealey's Health Law - Olympus Pays $646M In Criminal, Civil Penalties For Kickbacks, False Claims

NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).

Mealey's Litigation Procedure - Judge Dismisses Without Prejudice Claims For Damages From PEX Pipes

TRENTON, N.J. - A federal judge in New Jersey on Feb. 26 granted in part a motion to dismiss filed by the manufacturer of cross-linked polyethylene (PEX) plumbing systems, finding that the plaintiffs could not seek damages stemming from the allegedly defective pipes and fittings under the economic loss doctrine (Kimberly Cole, et al. v. NIBCO Inc., No. 13-7871, D. N.J.; 2016 U.S. Dist. LEXIS 24839).

Mealey's PI/Product Liability - New Jersey Medical Center Faces Class Suit Over HIV, Hepatitis Exposure

ATLANTIC CITY, N.J. - A class complaint, initially filed in New Jersey state court on Feb. 26 and amended on Feb. 29, accuses a New Jersey medical center of exposing more than 200 patients to HIV, hepatitis B or hepatitis C between June 1, 2013, and Sept. 17, 2014 (R.S., et al. v. Shore Medical Center, et al., No. ATL-L-394-16, N.J. Super., Atlantic Co.).

Mealey's Litigation Procedure - New Jersey Medical Center Faces Class Suit Over HIV, Hepatitis Exposure

ATLANTIC CITY, N.J. - A class complaint, initially filed in New Jersey state court on Feb. 26 and amended on Feb. 29, accuses a New Jersey medical center of exposing more than 200 patients to HIV, hepatitis B or hepatitis C between June 1, 2013, and Sept. 17, 2014 (R.S., et al. v. Shore Medical Center, et al., No. ATL-L-394-16, N.J. Super., Atlantic Co.).

Mealey's PI/Product Liability - Judge Dismisses Without Prejudice Claims For Damages From PEX Pipes

TRENTON, N.J. - A federal judge in New Jersey on Feb. 26 granted in part a motion to dismiss filed by the manufacturer of cross-linked polyethylene (PEX) plumbing systems, finding that the plaintiffs could not seek damages stemming from the allegedly defective pipes and fittings under the economic loss doctrine (Kimberly Cole, et al. v. NIBCO Inc., No. 13-7871, D. N.J.; 2016 U.S. Dist. LEXIS 24839).

Mealey's PI/Product Liability - Olympus Pays $646M In Criminal, Civil Penalties For Kickbacks, False Claims

NEWARK, N.J. - Olympus Corp. of the Americas and a Latin America subsidiary will pay $646 million in criminal and civil penalties for paying kickbacks to health care providers to buy its endoscopes and causing false claims to be paid by federal health care programs, according to documents filed March 1 in the U.S. District Court for the District of New Jersey (United States of America v. Olympus Corporation of the Americas, No. 16-3524, and United States ex rel. Slowik, et al. v. Olympus America. Inc., et al., No. 10-5994, D. N.J.).

Mealey's Insurance - Justice Asks For Input Regarding Proposed End To Ancillary Receivership

NEW YORK - A New York justice on Feb. 25 issued an order to show cause why the court should not terminate the ancillary receivership of a New Jersey insurer doing business in New York (In the Matter of the Ancillary Receivership of Newark Insurance Company, No. 400874/09, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Federal Judge Certifies Shareholder Class In Suit Against Pharma Company

NEWARK, N.J. - A federal judge in New Jersey on Feb. 22 granted a motion for class certification in a securities lawsuit against a pharmaceutical company and others alleged to have issued misstatements in the offering documents for the company's initial public offering (IPO), ruling that the lead plaintiffs properly met all statutory requirements to certify the class (Robin J. Dartell, et al. v. Tibet Pharmaceuticals Inc., et al., No. 14-3620, D. N.J.; 2016 U.S. Dist. LEXIS 21541).