TRENTON, N.J. - A New Jersey federal judge on Oct. 8 denied as premature a motion by Merck & Co. Inc. to dismiss a class complaint filed by female employees who allege that the company favors men and discriminates against females when it comes to pay and promotions (Kelli Smith, et al. v. Merck & Co., Inc., No. 13-2970, D. N.J.; 2014 U.S. Dist. LEXIS 143013).
PHILADELPHIA - The Third Circuit U.S. Court of Appeals' ruling that a welfare plan administrator acted arbitrarily and capriciously in denying benefits for continued inpatient treatment for a participant who suffered from an eating disorder is contrary to the decision of the U.S. Supreme Court in Rush Prudential HMO, Inc. v. Moran, the administrator contends in its Oct. 10 petition seeking rehearing and rehearing en banc (Lisa Mirsky v. Horizon Blue Cross and Blue Shield of New Jersey, No. 13-4121, 3rd Cir.; 2014 U.S. App. LEXIS 18484).
NEWARK, N.J. - While the evidence suggests that the government maintained tight control over the design and manufacturing of an aircraft, it does not suggest control over asbestos-related warnings, a New Jersey federal judge held Oct. 9 (Mary Sue Papp, et al. v. Fore-Kast Sales Company Inc., et al., No. 13-5940, D. N.J.; 2014 U.S. Dist. LEXIS 143787).
TRENTON, N.J. - A New Jersey appeals panel on Oct. 9 reversed a lower court's ruling in favor of a community college in an educators' liability coverage dispute, remanding to determine whether the insurer properly denied coverage for an underlying employment discrimination claim (Bergen Community College v. Diamond State Insurance Co., et al., No. A-5499-12T3, N.J. Super., App. Div.; 2014 N.J. Super. Unpub. LEXIS 2426).
NEWARK, N.J. - A federal judge in New Jersey on Oct. 3 overruled objections by three insurance companies and Exxon Mobil Corp. over a proposed settlement between the federal government and Cornell-Dubilier Electronics Inc. (CDE), finding that the terms of the parties' agreement were fair and reasonable and that liability for cleanup at the Superfund site at issue was properly apportioned (United States of America v. Cornell-Dubilier Electronics Inc., No. 12-5407, D. N.J.; 2014 U.S. Dist. LEXIS 140654).
NEWARK, N.J. - A Third Circuit U.S. Court of Appeals panel should grant rehearing in a case alleging fraud in asbestos-tainted talc litigation so that the New Jersey Supreme Court can weigh in on the scope of the state's litigation privilege, two defendants argue in a pair of Oct. 1 briefs (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 13-1089, 3rd Cir.).
TRENTON, N.J. - A federal magistrate judge in New Jersey on Sept. 30 denied NL Industries Inc. and NL Environmental Management Services Inc.'s motion to bifurcate proceedings in a Resource Conservation and Recovery Act (RCRA) lawsuit, ruling that the defendant companies failed to show how they would be prejudiced if the proceedings were not held in stages (Raritan Baykeeper Inc., et al. v. NL Industries Inc., No. 09-4117, D. N.J.; 2014 U.S. Dist. LEXIS 137702).
CAMDEN, N.J. - A federal judge in New Jersey on Sept. 29 dismissed federal False Claims Act (FCA) claims that predated March 4, 2005, as barred by the statute of limitations, but otherwise declined to dismiss the qui tam Medicare dispute (United States of America, ex rel. Marc Silver, et al. v. Omnicare Inc., et al., No 11-1326, D. N.J.; 2014 U.S. Dist. LEXIS 136800).
CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 granted a motion filed by current and former employees of Durand Glass Manufacturing Co. who are seeking unpaid overtime and wages for conditional certification for a collective action pursuant to the Fair Labor Standards Act (FLSA) but denied a motion for class certification pursuant to Federal Rule of Civil Procedure 23 regarding their New Jersey state law wage claims (Cindy Bobryk, et al. v. Durand Glass Manufacturing Company, Inc., No. 12-5360, D. N.J.; 2014 U.S. Dist. LEXIS 137168).
TRENTON, N.J. - Actor-comedian Tracy Morgan's injuries in an accident involving a truck driven by an employee of Wal-Mart Stores Inc. are the result of his failure to wear a seat belt, Wal-Mart argued Sept. 29 in an answer to Morgan's personal-injury complaint in the U.S. District Court for the District of New Jersey (Tracy Morgan, et al. v. Wal-Mart Stores Inc., et al., No. 14-cv-04388, D. N.J.).
CAMDEN, N.J. - A New Jersey federal judge on Sept. 29 agreed to transfer a class complaint filed by retired National Football League (NFL) players seeking compensation for each time their images are shown in NFL films to the U.S. District Court for the District of Minnesota where one similar case has already been filed and two others have been transferred (Curley Culp, et al. v. NFL Productions LLC, d/b/a NFL Films, et al., No. 13-7815, D. N.J.; 2014 U.S. Dist. LEXIS 137172).
TRENTON, N.J. - In an unpublished opinion, a federal judge in New Jersey on Sept. 24 granted a plaintiff's motion in limine, which will allow her to introduce evidence of noneconomic damages at trial in her case alleging that a health insurer was negligent when it delayed approval of health benefits for her husband, who later died after not receiving timely treatment (Linda S. Skelcy v. UnitedHealth Group Inc., et al., No. 12-1014, D. N.J.; 2014 U.S. Dist. LEXIS 134631).
CAMDEN, N.J. - A breach of contract complaint establishes facts sufficient enough to raise a reasonable expectation that discovery will reveal evidence showing that a condominium association insured's claimed damage was structural and should have been covered under its standard flood insurance policy (SFIP), a New Jersey federal judge ruled Sept. 22, denying the insurer's motion to dismiss (Jefferson Beach House Condominium Association v. Harleysville Insurance Company Of New Jersey, No. 13-6480 [NLH/KMW], D. N.J.; 2014 U.S. Dist. LEXIS 132381).
TRENTON, N.J. - A New Jersey legislator on Sept. 23 sent a letter to the U.S. attorney for the District of New Jersey calling for review of the official report of the National Transportation Safety Board (NTSB) as part of an investigation into potential criminal conduct related to a spill of vinyl chloride and other chemicals that occurred when a train derailed while crossing the bridge over Mantua Creek in Paulsboro, N.J., in 2012 (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
CAMDEN, N.J. - New Jersey residents seeking damages for vinyl chloride contamination allegedly caused by the derailment of a train carrying the chemical in Paulsboro, N.J., on Sept. 23 filed their third amended complaint, seeking punitive damages of $10 million (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
NEWARK, N.J. - Plaintiffs involved in an antitrust and racketeering multidistrict litigation case accusing Aetna Inc. of underpaying out-of-network reimbursement claims asked a New Jersey federal court on Sept. 12 to deny the defendant's motion to dismiss the suit, which Aetna had filed just two days after the plaintiffs' filed a motion in support of a $120 million settlement (In Re: Aetna UCR Litigation, Master File No. 07-3541, MDL 2020, D. N.J.).