TRENTON, N.J. - A New Jersey appellate panel on Aug. 26 affirmed a trial court, which held that the State of New Jersey must pay NL Industries Inc. cleanup costs associated with the $79 million remediation of lead contamination at the Raritan Bay Slag (RBS) site (NL Industries Inc. v. State of New Jersey, No. A-0869-14T3, N.J. Super, App. Div.).
CAMDEN, N.J. - A federal judge in New Jersey on Aug. 27 dismissed the lawsuit brought by a some of the plaintiffs against Consolidated Rail Corp. (CONRAIL) and other railroad companies pertaining to a spill of vinyl chloride into Mantua Creek caused by a train derailment (Charles Van Blarcom v. Consolidated Rail Corporation, No. 15-134, D. N.J.).
NEWARK, N.J. - A group of lease accountants presented sufficient evidence to make a "modest factual showing" that they were similarly situated and should be granted conditional certification in a wage-and-hour complaint, a New Jersey federal judge ruled Aug. 21, rejecting the employers' arguments to the contrary (Paula Robles, et al. v. Vornado Realty Trust, et al., No. 15-1406, D. N.J.; 2015 U.S. Dist. LEXIS 111038).
TRENTON, N.J. - A New Jersey federal judge on Aug. 20 pared a Plavix whistle-blower lawsuit in response to a defense dismissal motion (In Re: Plavix Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 2418, No. 13-2418, United States of America, ex rel. Elisa Dickson v. Bristol-Myers Squibb Co., et al., No. 13-1039, D. N.J.; 2015 U.S. Dist. LEXIS 109918).
TRENTON, N.J. - Neither registering to do business in a state nor employing a small amount of people in that state subjects a company to general jurisdiction, a federal judge in New Jersey held Aug. 20 in dismissing asbestos claims (James McCourt and Mabel McCourt v. A.O. Smith Water Products Co., et al., No. 14-221, D. N.J.; 2015 U.S. Dist. LEXIS 110111).
CAMDEN, N.J. - The federal judge in New Jersey presiding over a lawsuit brought by residents who sued a group of railroad company defendants seeking damages related to a vinyl chloride spill caused by the derailment of a train crossing the bridge over Mantua Creek on Aug. 18 dismissed two of the defendants from the case (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
TRENTON, N.J. - A forum selection clause for Google Play requiring that all disputes be resolved in California led a New Jersey federal judge on Aug. 13 to transfer allegations of contributory trademark infringement and tortious interference with prospective economic advantage there (Spy Phone Labs LLC v. Google Inc. et al., No. 14-6565, D. N.J.; 2015 U.S. Dist. LEXIS 106365).
TRENTON, N.J. - A New Jersey appeals panel on Aug. 13 affirmed summary judgment in a lingering Vioxx heart injury case, saying the pro se plaintiff's sole expert report was "merely a conclusory statement" about the sequence of events and did not raise an issue of material fact (Antonio D. Denson, et al. v. Merck Sharp & Dohme Corp., No. A-5416-13T4, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1942).
TRENTON, N.J. - The public-sidewalk immunity doctrine is not applicable to a claim for personal injuries suffered on a sidewalk in a common-interest community, the New Jersey Supreme Court ruled Aug. 12 (Cuiyun Qian v. Toll Brothers Inc., et al., No. A-95 September Term 2013, N.J. Sup.; 2015 N.J. LEXIS 825).
NEWARK, N.J. - A New Jersey federal judge on Aug. 11 granted a motion to dismiss filed by lenders, finding that a borrower's claims were completely barred by a previous related state court case and were time-barred (Lucia Perino v. Federal National Mortgage Association as trustee for Fannie Mae Remic Trust 2006-90, et al., No. 2:15-cv-01063, D. N.J.; 2015 U.S. Dist. LEXIS 104904).
TRENTON, N.J. - A New Jersey appeals panel on Aug. 11 vacated a $25 million Accutane bowel injury verdict after finding that Alabama's statute of limitations applied, rather than New Jersey's, and that the plaintiff's claim was time-barred (Andrew McCarrell v. Hoffman-La Roche, Inc., et al., No. A-4481-12T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1925).
TRENTON, N.J. - The majority of the New Jersey Supreme Court on Aug. 6 affirmed a trial court's dismissal of bad faith and breach of contract claims against two insurers because the claimants have no standing, without an assignment of rights, to assert a direct claim against the insurers (John Ross, et al. v. Karen A. Lowitz, et al., No. 074200, N.J. Sup.; 2015 N.J. LEXIS 819).
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 7 ruled that a federal judge in New Jersey did not err when denying a motion to modify a consent decree filed by nondebtor defendants in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) lawsuit, finding that the prospectivity requirement of Federal Rule of Civil Procedure 60(b)(5) was not applicable (United States of America v. Alsol Corporation, et al., No. 14-3253, 3rd Cir.; 2015 U.S. App. LEXIS 13821).
WILMINGTON, Del. - A corporate property owner is taking its pursuit of state and federal environmental liability claims against Chapter 11 debtor The Flintkote Co. to the Third Circuit U.S. Court of Appeals, according to a notice of appeal the property owner filed Aug. 5 in Delaware federal court (8 E. Frederick Place LLC v. The Flintkote Co., et al., No. 12-1176, D. Del.).
NEW YORK - A federal judge in New York on July 31 granted final approval of a $235 million settlement in a securities class action lawsuit, ruling that the settlement met all statutory guidelines for approval (New Jersey Carpenters Health Fund, et al. v. Residential Capital LLC, et al., No. 08-8781, S.D. N.Y.).
TRENTON, N.J. - A New Jersey federal judge on July 31 refused to reopen a Superstorm Sandy coverage dispute, finding that the insured's lack of timeliness in filing her motion for relief weighs against reopening the case (Gloria Focazio v. Fidelity National Indemnity Insurance Co., No. 14-1062 [MAS] [TJB], D. N.J.; 2015 U.S. Dist. LEXIS 100699).
NEWARK, N.J. - A federal judge in New Jersey on July 31 denied a motion to dismiss filed by defendants accused of engaging in a scheme to sell a stranger-originated life insurance (STOLI) policy to third-party investors, finding that the plaintiff company's claims were timely and that the insurer sufficiently pleaded damages as a result of the alleged scheme (Pruco Life Insurance Company v. Denise Binday Koslowsky, et al., No. 14-03976, D. N.J.; 2015 U.S. Dist. LEXIS 100515).
CAMDEN, N.J. - A New Jersey federal judge on July 27 dismissed an ambulance owner insured's lawsuit arising from Superstorm Sandy damage without prejudice, finding that the court never possessed federal jurisdiction to hear the case because there was no basis for alleging that the insurer violated the National Flood Insurance Act (Sea Bright First Aid Squad Inc. v. Arch Insurance Co., No. 14-1447, D. N.J.; 2015 U.S. Dist. LEXIS 97410).
TRENTON, N.J. - A New Jersey appeals panel on July 27 found that a lower court erred when it ordered two insurers to produce withheld and redacted documents in a Superstorm Sandy warehouse fire coverage dispute, reversing and remanding for the court to conduct a careful in camera inspection of the requested documents to determine if they are discoverable and, if so, protected by a privilege or other restrictions (Alden Leeds Inc. v. QBE Specialty Insurance Co., et al., No. A-2034-14T1, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 1793).