LexisNexis® Legal Newsroom
Mealey's Labor & Employment - New Jersey Appeals Court Reinstates Jones Act Case Alleging Asbestos Exposure

TRENTON, N.J. - A man may pursue his asbestos-exposure action based on his testimony regarding work aboard ships and schematics suggesting the presence of asbestos, a New Jersey appeals court held March 3 (Henry W. Latter Jr., et al. v. 3M Co., et al., No. A-2714-13T4, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 425).

Mealey's Toxic Tort/Environmental - New Jersey Appeals Court Reinstates Jones Act Case Alleging Asbestos Exposure

TRENTON, N.J. - A man may pursue his asbestos-exposure action based on his testimony regarding work aboard ships and schematics suggesting the presence of asbestos, a New Jersey appeals court held March 3 (Henry W. Latter Jr., et al. v. 3M Co., et al., No. A-2714-13T4, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 425).

Mealey's Securities/D&O Liability - Appointments Of Lead Plaintiff, Counsel Affirmed In Securities Class Action

NEWARK, N.J. - A federal judge in New Jersey on March 3 denied an investor's motion for reconsideration of her order appointing an investor group as lead plaintiff in a securities class action lawsuit, ruling that the investor group properly rebutted the presumption in favor of the investor (In re Enzymotec Ltd. Securities Litigation, No. 14-5556, D. N.J.; 2015 U.S. Dist. LEXIS 25720).

Mealey's Insurance - Panel: Coverage Barred For $300,000 Theft Facilitated By Insured's Former Employee

TRENTON, N.J. - A New Jersey appeals panel on March 4 affirmed a lower court's ruling that there is no coverage under a businessowner policy for a $300,000 theft at a pharmacy that was facilitated by the pharmacy's former employee (Union Hill Supremo Pharmacy v. Franklin Mutual Insurance Co., No. A-3883-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 432).

Mealey's IP/Tech - New Jersey Federal Judge Invalidates Claims Of Drug Patent

TRENTON, N.J. - Two claims of a patented formulation for the treatment of osteoporosis were deemed invalid as obvious on March 4 by a New Jersey federal judge (Warner Chilcott Co. et al. v. Teva Pharmaceuticals Inc., No. 11-6936, D. N.J.; 2015 U.S. Dist. LEXIS 26207).

Mealey's Health Law - New Jersey Federal Judge Dismisses Health Care Reimbursement Suit

NEWARK, N.J. - A federal judge in New Jersey on Feb. 27 dismissed a health care reimbursement suit, saying that the plaintiff failed to follow administrative procedures for the Medicaid-related claims and that federal law preempted the common-law claims related to the Medicare-based claims (MHS LLC, D/B/A Meadowlands Hospital Medical Center v. Healthfirst Inc., et al., No. 13-6036, D. N.J.; 2015 U.S. Dist. LEXIS 23699).

Mealey's Securities/D&O Liability - Judge Preliminarily Approves $235M Settlement In Securities Class Action

NEW YORK - A federal judge in New York on Feb. 19 granted preliminary approval to a $235 million securities class action settlement between shareholders and underwriters of Residential Accredit Loans Inc. (RALI) Mortgage Asset-Backed Pass-Through Certificates, who are alleged to have misrepresented RALI's exposure to the subprime mortgage lending crisis in offering documents for RALI securities in offering documents for the certificates (New Jersey Carpenters Health Fund, et al. v. Residential Capital LLC, et al., No. 08-8781, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Paulsboro Train Defendants: Strict Liability Claim For Vinyl Chloride Spill Fails

CAMDEN, N.J. - The railway company defendants sued by a class of residents who contend that the defendants are liable for injuries related to the release of vinyl chloride and other chemicals from a train derailment on Feb. 23 filed a brief in New Jersey federal court arguing that one couple's specific claim must be dismissed (Allison Wileczek, et al. v. Consolidated Rail Corporation, et al. [In Re: Paulsboro Derailment Cases], No. 15-00017, Master Docket 13-784, D. N.J.).

Mealey's Labor & Employment - Judge: Spouse Lacks Standing To Assert Breach Of Contract In ERISA Suit

TRENTON, N.J. - A spouse lacks standing to assert breach of contract claims against his spouse's former employer regarding an alleged failure to timely send notice for health insurance coverage, a New Jersey federal judge ruled Feb. 18 (John Sacchi v. Katheryn J. Luciani, et al., No. 14-3130, D. N.J.; 2015 U.S. Dist. LEXIS 19002).

Mealey's Health Law - High Court Denies Certiorari In Medicare Reimbursement Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 denied certiorari, leaving stand a Third Circuit U.S. Court of Appeals decision holding that the Medicare as a Secondary Payer Act (MSP Act) authorizes the government to seek reimbursement from a settlement a plaintiff receives from a tortfeasor because the funds came from a "primary plan" and that the plaintiff cannot invoke a New Jersey state law to avoid her reimbursement obligations (Cecelia A. Taransky v. Secretary of the U.S. Department of Health and Human Services, et al., No. 14-758, U.S. Sup.).

Mealey's IP/Tech - Disney Wins Dismissal Of Copyright Claims Over 'Frozen'

TRENTON, N.J. - Allegations that the Walt Disney Company Co. infringed a pro se plaintiff's self-published memoir when it produced the hit animated movie "Frozen" were dismissed Feb. 19 by a New Jersey federal judge (Isabella Tanikumi v. The Walt Disney Co., No. 14-5877, D. N.J.; 2015 U.S. Dist. LEXIS 19721).

Mealey's IP/Tech - New Jersey Magistrate Judge Grants Copyright Plaintiffs Leave To Amend

TRENTON, N.J. - A joint motion by two textbook publishers for leave to amend their copyright and trademark infringement complaint to add new factual allegations and a new defendant in the matter was granted Feb. 19 by a New Jersey federal magistrate judge (John Wiley & Sons Inc. et al. v. JVG Books LLC et al., No. 14-942, D. N.J.; 2015 U.S. Dist. LEXIS 19558).

Mealey's Insurance - New Jersey Top Court: Bad Faith Claim Barred Under Principle Of Res Judicata

TRENTON, N.J. - An insured's bad faith claim against his insurer is barred by the principle of res judicata because a trial court properly litigated in a previous lawsuit, the New Jersey Supreme Court ruled Feb. 18 (Kwabena Wadeer, et al. v. New Jersey Manufacturers Insurance Co., No. A-54 September Term 2012; 2015 N.J. LEXIS 132).

Mealey's IP/Tech - New Jersey Federal Judge Won't Reconsider Relief In Patent Case

TRENTON, N.J. - A New Jersey federal judge on Feb. 18 denied reconsideration of an earlier decision to grant a patent infringement plaintiff a preliminary injunction (Power Survey LLC v. Premier Utility Services LLC, et al., No. 13-5670, D. N.J.; 2015 U.S. Dist. LEXIS 19139).

Mealey's Insurance - N.J. High Court: Insurer's Rejection Of Arbitration Award 'Fairly Debatable'

TRENTON, N.J. - An insurer's rejection of an arbitration award in an uninsured motorist action was "fairly debatable," barring an insured's claim for insurance bad faith, the New Jersey Supreme Court ruled Feb. 18 (Augustine W. Badiali v. New Jersey Manufacturing Insurance Group, No. A-48 September Term, 2012, 071931, N.J. Sup.; 2015 N.J. LEXIS 133).

Mealey's Insurance - Judge: Issues Exist On Whether Insurer Breached Its Contract By Denying Claim

CAMDEN, N.J. - Questions of fact exist as to whether an insurer breached its contract by denying coverage for water damage sustained by homeowners, a New Jersey federal judge ruled Feb. 18; however, the judge granted summary judgment on the homeowners' bad faith claim (Joseph Dooley and Elizabeth Dooley v. Scottsdale Insurance Co., No. 12-1838, D. N.J.; 2015 U.S. Dist. LEXIS 19140).

Mealey's PI/Product Liability - Truck Driver Asks New Jersey Federal Judge To Reconsider Intervention In Auto Suit

TRENTON, N.J. - The driver of a tractor-trailer owned by Wal-Mart Stores Inc. that struck a limousine in which actor-comedian Tracy Morgan was riding asked a federal judge in New Jersey on Feb. 16 to reverse a federal magistrate judge's ruling that he is not entitled to intervene in a suit by Morgan and others who were injured in the accident (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).

Mealey's PI/Product Liability - Railroad Companies: Chemical Spill Plaintiffs Cannot Meet Pleading Standard

CAMDEN, N.J. - The railroad company defendants sued by a New Jersey school district and borough for $5,865,339 in damages for a chemical spill that was the result of a train derailment on Feb. 10 filed a brief in federal court arguing that "the remote and speculative" damages sought cannot satisfy New Jersey's "particularized foreseeability" standard (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Toxic Tort/Environmental - Railroad Companies: Chemical Spill Plaintiffs Cannot Meet Pleading Standard

CAMDEN, N.J. - The railroad company defendants sued by a New Jersey school district and borough for $5,865,339 in damages for a chemical spill that was the result of a train derailment on Feb. 10 filed a brief in federal court arguing that "the remote and speculative" damages sought cannot satisfy New Jersey's "particularized foreseeability" standard (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Litigation Procedure - Class Suit Over Faulty Viking Refrigerators Tossed By N.J. Federal Judge

NEWARK, N.J. - A New Jersey federal judge on Feb. 9 dismissed a class complaint filed by owners of recalled Viking Range LLC refrigerators who sued for injuries and damages alleging that the company concealed the defect and the fact that the initial recall did not resolve the issues (Ronald J. Piemonte, et al. v. Viking Range, LLC, et al., No. 14-124, D. N.J.; 2015 U.S. Dist. LEXIS 15154).

Mealey's Litigation Procedure - 'Ex-Gay' Experts Barred From Testifying At Consumer Fraud Trial

JERSEY CITY, N.J. - Stating that "[t]he overwhelming weight of scientific authority concludes that homosexuality is not a disorder or abnormal," a New Jersey judge on Feb. 5 mostly granted a motion to exclude the expert testimony of a "reparative therapy" organization in a consumer fraud case brought by some of its former clients who had unsuccessfully sought conversion from their same-sex attraction from the organization (Michael Ferguson, et al. v. JONAH [Jews Offering New Alternatives for Healing], et al., No. HUD-L-5473-12, N.J. Super, Law Div.; 2015 N.J. Super. Unpub. LEXIS 236).

Mealey's Litigation Procedure - Flawed Discovery Service Exempts Defendant From Sanctions, Magistrate Rules

TRENTON, N.J. - In a case that she said has a "tortured" discovery history, a New Jersey federal magistrate judge on Jan. 30 concluded that although she believed a defendant "has made every effort to avoid engaging in" ordered discovery, the plaintiff's failure to establish that her discovery requests complied with federal requirements defeated her motion for sanctions related to the defendant's failure to respond to those requests (Amber Arpaio v. Ashley Alexandra Dupre, et al., No. 3:08-cv-03548, D. N.J.).

Mealey's PI/Product Liability - Judge Dismisses Without Prejudice Some Claims Over Allegedly Faulty Decking

TRENTON, N.J. - A federal judge in New Jersey on Jan. 30 dismissed without prejudice state law consumer protection claims brought by a putative class against the maker of Azek decking materials, finding that while they were pleaded with the required level of particularity, the plaintiffs need to provide specific information required by each state's law (In re: AZEK Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12-cv-06627, D. N.J.).

Mealey's Insurance - Judge: Ex-Wife Failed To Show She Is Entitled To Life Insurance Benefits

TRENTON, N.J. - A federal judge in New Jersey on Jan. 29 dismissed an insurance breach of contract and bad faith lawsuit, ruling that an insurer did not act in bad faith by failing to provide a deceased man's life insurance benefits to his ex-wife individually or as trustee for the former couples' adult children (Linda Dean v. New England Mutual Life Insurance Co., et al., No. 14-2211, D. N.J.; 2015 U.S. Dist. LEXIS 10244).

Mealey's PI/Product Liability - Judge: Investors Failed To Plead Misrepresentation In Securities Class Action

NEWARK, N.J. - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New Jersey ruled Jan. 28, because shareholders failed to properly plead any actionable misrepresentations in making their federal securities law claims (Marianna Nasyrova v. Immunomedics Inc., et al., No. 14-1269, D. N.J.; 2015 U.S. Dist. LEXIS 9887).