LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - New Jersey Devils Sued By Season Ticket Holders For Obstructing Sales

NEWARK, N.J. - Two New York residents filed a class complaint on April 21 against New Jersey Devils LLC in the U.S. District Court for the District of New Jersey, alleging that the hockey team improperly prohibits them and other season ticket holders from selling individual or blocks of game tickets (Rey Olsen, et al. v. New Jersey Devils, LLC, No. 15-2807, D. N.J.).

Mealey's IP/Tech - New Jersey Federal Judge Awards Fees In Trademark Case

NEWARK, N.J. - A declaratory judgment trademark plaintiff won an award of attorney fees on April 21, when a New Jersey federal judge agreed that Union County, N.J., asserted, in two cease-and-desist letters, trademark rights that it knew did not exist (Tina Renna v. County of Union, N.J., No. 11-3328, D. N.J.; 2015 U.S. Dist. LEXIS 52381).

Mealey's Toxic Tort/Environmental - Railroad Company: Paulsboro Chemical Spill Claims Based On 'Improper' Report

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 April 20 filed a brief in New Jersey federal court, contending that the plaintiffs' allegations are based on a report from the National Transportation Safety Board (NTSB) that is "improper and inadmissible" (Paulsboro Public Schools, et al. v. Consolidated Rail Corporation, et al., No.14-07431, D. N.J.).

Mealey's Labor & Employment - Macy's Delivery Drivers Seek Preliminary Approval Of $2.8M Wage Settlement

NEWARK, N.J. - Independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and Home Delivery Link Inc. moved April 15 in the U.S. District Court for the District of New Jersey to settle their wage claims for $2.8 million (Henry Badia, et al. v. Home Delivery Link, Inc., et al., No. 12-6920, D. N.J.).

Mealey's Litigation Procedure - Macy's Delivery Drivers Seek Preliminary Approval Of $2.8M Wage Settlement

NEWARK, N.J. - Independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and Home Delivery Link Inc. moved April 15 in the U.S. District Court for the District of New Jersey to settle their wage claims for $2.8 million (Henry Badia, et al. v. Home Delivery Link, Inc., et al., No. 12-6920, D. N.J.).

Mealey's Insurance - Magistrate Judge: Service Via P.O. Box Is Acceptable In Insurance Fraud Suit

TRENTON, N.J. - A federal magistrate judge in New Jersey on April 14 granted an insurance company's motion for substituted service on a defendant in an insurance fraud suit, finding that the company has actively attempted to locate the defendant's address (Government Employees Insurance Company v. Scott Greenberg, et al., No. 14-2904, D. N.J.; 2015 U.S. Dist. LEXIS 48573).

Mealey's PI/Product Liability - Appeal Of Zometa Jaw Injury Defense Verdict Dismissed After 'Amicable' Resolution

TRENTON, N.J. - A plaintiff's appeal of a 2013 Zometa defense verdict in New Jersey state court was dismissed April 9 after the plaintiff and defendant Novartis Pharmaceuticals Corp. announced that the case has been "amicably resolved" (Beverly Meng v. Novartis Pharmaceuticals Corporation, No. A-5220-12T1, N.J. Super., App. Div.).

Mealey's IP/Tech - Federal Circuit Affirms: Patents Not Proven Invalid As Obvious

WASHINGTON, D.C. - A New Jersey federal judge properly rejected claims that a patented method of treating eye infections by the topical administration of azithromycin would have been obvious to one of ordinary skill in the art, the Federal Circuit U.S. Court of Appeals ruled April 9 (Insite Vision Inc., et al. v. Sandoz Inc., No. 14-1065, Fed. Cir.; 2015 U.S. App. LEXIS 5717).

Mealey's PI/Product Liability - Judge Finds Untimely Complaint, Expert Report Don't Warrant Dismissal

NEWARK, N.J. - Though a widow served both an amended asbestos complaint and her expert report late, the missed deadlines do not warrant dismissal or striking the expert, a federal judge in New Jersey held April 9 (Claire Thomasson, et al. v. Air & Liquid Systems Corp., et al., No. 13-1034, D. N.J.; 2015 U.S. Dist. LEXIS 46386).

Mealey's Litigation Procedure - Judge Finds Untimely Complaint, Expert Report Don't Warrant Dismissal

NEWARK, N.J. - Though a widow served both an amended asbestos complaint and her expert report late, the missed deadlines do not warrant dismissal or striking the expert, a federal judge in New Jersey held April 9 (Claire Thomasson, et al. v. Air & Liquid Systems Corp., et al., No. 13-1034, D. N.J.; 2015 U.S. Dist. LEXIS 46386).

Mealey's Toxic Tort/Environmental - Judge Finds Untimely Complaint, Expert Report Don't Warrant Dismissal

NEWARK, N.J. - Though a widow served both an amended asbestos complaint and her expert report late, the missed deadlines do not warrant dismissal or striking the expert, a federal judge in New Jersey held April 9 (Claire Thomasson, et al. v. Air & Liquid Systems Corp., et al., No. 13-1034, D. N.J.; 2015 U.S. Dist. LEXIS 46386).

Mealey's Litigation Procedure - Paulsboro Train Derailment Plaintiffs: Core Claims Are Not Preempted

CAMDEN, N.J. - The plaintiffs who sued railroad company defendants alleging personal injury from vinyl chloride that was spilled as a result of a train derailment filed a brief on April 6 in New Jersey federal court arguing that the defendants' motion for partial summary judgment should be denied because there is no preemption of the residents' core claims (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - New Jersey Federal Judge Remands Claimant's Suit, Says No Federal Questions Exist

NEWARK, N.J. - A New Jersey federal judge on April 6 granted a disability claimant's motion to remand a suit to New Jersey state court after determining that claimant's suit no longer raises any federal questions because the disability insurer was dismissed from the suit (John B. McHugh Jr. v. Vanguard Benefit Solutions LLC, et al., No. 14-5867, D. N.J.; 2015 U.S. Dist. LEXIS 44577).

Mealey's Toxic Tort/Environmental - Paulsboro Train Derailment Plaintiffs: Core Claims Are Not Preempted

CAMDEN, N.J. - The plaintiffs who sued railroad company defendants alleging personal injury from vinyl chloride that was spilled as a result of a train derailment filed a brief on April 6 in New Jersey federal court arguing that the defendants' motion for partial summary judgment should be denied because there is no preemption of the residents' core claims (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Toxic Tort/Environmental - New Jersey Court Finds Landlord Was Entitled To Evict Tenants

TRENTON, N.J. - After finding that tenants failed to show that alleged mold growth in their apartment prevented their landlord from increasing their rent, a New Jersey appeals court on April 8 affirmed a decision allowing the landlord to evict them (Georgian Gardens v. Russell and Vanessa Shields, No. A-3598-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 761).

Mealey's Litigation Procedure - Federal Judge Refuses To Issue Sanctions In Dispute Over Mineral Deposits

NEWARK, N.J. - A New Jersey federal judge on April 6 denied a Chinese entity's motion for sanctions prohibiting a corporation from using Hong Kong banking records in the present action, finding that the facts of the case did not warrant the imposition of sanctions (Minmetals Inc. v. Dragon Boom Ltd., et al., No. 2:13cv3834, D. N.J.; 2015 U.S. Dist. LEXIS 44573).

Mealey's PI/Product Liability - Benicar GI Injury MDL Created, Sent To Judge Kugler In New Jersey Federal Court

WASHINGTON, D.C. - Thirty-eight federal Benicar gastrointestinal injury cases were centralized April 3 before U.S. Judge Robert B. Kugler of the District of New Jersey by a federal judicial panel (In Re: Benicar [Olmesartan] Products Liability Litigation, MDL Docket No. 2606, JPMDL).

Mealey's Insurance - Insurer Did Not Abuse Discretion In Terminating Claim, Federal Judge Says

TRENTON, N.J. - A disability insurer did not abuse its discretion in terminating a long-term disability benefits claim because the evidence supports the insurer's decision to terminate benefits, a New Jersey federal judge said March 31 (Frank Reed v. Citigroup Inc. et al., No. 12-2934, D. N.J.; 2015 U.S. Dist. LEXIS 43364).

Mealey's Insurance - Federal Judge Sets Aside Default In Bad Faith Lawsuit

NEWARK, N.J. - A federal judge in New Jersey on April 1 granted an insurer's motion to set aside default in an insurance breach of contract and bad faith lawsuit, ruling that the insurer has presented meritorious defenses and that granting the motion will not prejudice the insureds that brought the action (Robert J. Ryan, et al. v. Liberty Mutual Insurance, No. 14-6308, D. N.J.; 2015 U.S. Dist. LEXIS 42660).

Mealey's PI/Product Liability - N.J. Accutane Judge: Post-2002 Warnings Of Bowel Injury Are Adequate Under Law

ATLANTIC CITY, N.J. - A judge overseeing New Jersey's Accutane litigation on April 2 granted summary judgment to Accutane manufacturer Hoffman-La Roche after finding that as a matter of law, the drug's post-April 2002 warnings about inflammatory bowel disease (IBD) are sufficient to overcome the state's rebuttable presumption of adequacy (In Re: Accutane Litigation, No. 271, N.J. Super., Atlantic Co.).

Mealey's Litigation Procedure - Judge Affirms Ruling Barring Discovery On Unstayed Contamination Claims

TRENTON, N.J. - A federal magistrate judge's rulings denying a motion to compel discovery filed by two environmental groups on companies accused of violating the Resource Conservation and Recovery Act (RCRA) and Clean Water Act (CWA) and granting the defendants' motion for a protective order were affirmed March 31 by a federal judge in New Jersey after the judge found that the magistrate judge did not make any clear errors in his decisions (Raritan Baykeeper v. NL Industries Inc., et al., No. 09-4117, D. N.J.; 2015 U.S. Dist. LEXIS 41166).

Mealey's Toxic Tort/Environmental - Judge Affirms Ruling Barring Discovery On Unstayed Contamination Claims

TRENTON, N.J. - A federal magistrate judge's rulings denying a motion to compel discovery filed by two environmental groups on companies accused of violating the Resource Conservation and Recovery Act (RCRA) and Clean Water Act (CWA) and granting the defendants' motion for a protective order were affirmed March 31 by a federal judge in New Jersey after the judge found that the magistrate judge did not make any clear errors in his decisions (Raritan Baykeeper v. NL Industries Inc., et al., No. 09-4117, D. N.J.; 2015 U.S. Dist. LEXIS 41166).

Mealey's PI/Product Liability - New Jersey Court Affirms $1.6M Verdict In Take-Home Asbestos-Talc Case

NEW BRUNSWICK, N.J. - A judge properly admitted evidence of asbestos contamination and testimony regarding exposure in a talc case resulting in a $1.6 million award, a New Jersey appeals court held March 27 (Steven Kaenzig v. Charles B. Chrystal Inc., et al., No. A-2512-13T3, N.J. Super., App. Div.).

Mealey's Litigation Procedure - New Jersey Court Affirms $1.6M Verdict In Take-Home Asbestos-Talc Case

NEW BRUNSWICK, N.J. - A judge properly admitted evidence of asbestos contamination and testimony regarding exposure in a talc case resulting in a $1.6 million award, a New Jersey appeals court held March 27 (Steven Kaenzig v. Charles B. Chrystal Inc., et al., No. A-2512-13T3, N.J. Super., App. Div.).

Mealey's Labor & Employment - New Jersey Court Affirms $1.6M Verdict In Take-Home Asbestos-Talc Case

NEW BRUNSWICK, N.J. - A judge properly admitted evidence of asbestos contamination and testimony regarding exposure in a talc case resulting in a $1.6 million award, a New Jersey appeals court held March 27 (Steven Kaenzig v. Charles B. Chrystal Inc., et al., No. A-2512-13T3, N.J. Super., App. Div.).