LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Residents Dismiss Chlorinated Solvents Injury Case Against Lockheed Martin

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 3 ordered the dismissal of a lawsuit brought by a group of New Jersey residents who claimed that they had been injured as a result of Lockheed Martin's release of chlorinated solvents at the company's plant in Burlington, N.J. (Michael Leese, et al. v. Lockheed Martin, et al., No. 11-5091, D. N.J.).

Mealey's Insurance - Defendant In Bad Faith Suit Not Insurer Under Policy, Judge Rules

NEWARK, N.J. - Dismissal of an insurance breach of contract and bad faith lawsuit is proper because an insured failed to show that the defendant was the insurer on her property insurance policy, a federal judge in New Jersey ruled Oct. 27 (Elaine Klein v. Hanover Insurance Co., No. 14-1055, D. N.J.; 2014 U.S. Dist. LEXIS 152407).

Mealey's Toxic Tort/Environmental - Paulsboro Derailment Attorney: Leaked Email Not Protected, Sanctions 'Baseless'

CAMDEN, N.J. - The attorney for a group of plaintiffs in the lawsuit brought by New Jersey residents seeking $10 million in punitive damages for vinyl chloride contamination allegedly caused by the derailment of a train carrying the chemical in Paulsboro, N.J., on Oct. 28 sent a letter to the judge presiding over the case saying the railroad defendants' attempt to impose a "gag" order on all plaintiffs' attorneys, as well as sanctions on him for releasing publicly a document obtained in discovery, is "baseless and hypocritical" (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Litigation Procedure - Pasta Company Settles Labeling Class Claims For $7.9 Million

TRENTON, N.J. - A New Jersey federal judge on Oct. 20 granted final approval of a $7.9 million settlement that will end a class complaint accusing a pasta company of deceptively labeling its products as a healthy alternative to traditional pasta (Joseph Mirakay, et al. v. Dakota Growers Pasta Company, Inc., et al., No. 13-4429, D. N.J.; 2014 U.S. Dist. LEXIS 148694).

Mealey's IP/Tech - Federal Circuit Affirms: Contraceptive Drug Patent Not Invalid

WASHINGTON, D.C. - Four generic drug manufacturer defendants on Oct. 22 lost on appeal to the Federal Circuit U.S. Court of Appeals, which found that a New Jersey federal judge properly rejected allegations that nine claims of a disputed patent are invalid for obviousness (Warner Chilcott Company LLC v. Lupin Ltd., et al., Nos. 14-1262, -1273, Fed. Cir.).

Mealey's Securities/D&O Liability - Judge: Board Did Not Act In Bad Faith In Denying Investor's Demand Letter

NEWARK, N.J. - A federal judge in New Jersey on Oct. 17 dismissed a shareholder derivative lawsuit, ruling that a company's board of directors did not act in bad faith or fail to properly investigate claims made when it denied an investor's demand letter (Dennis Palkon v. Stephen P. Holmes, et al., No. 14-1234, D. N.J.; 2014 U.S. Dist. LEXIS 148799).

Mealey's IP/Tech - New Jersey Federal Judge Won't Enjoin Patent Defendant

TRENTON, N.J. - Efforts by a patent infringement plaintiff to obtain injunctive relief in a dispute over slot machine technology were unsuccessful on Oct. 20, when a New Jersey federal judge found that the plaintiff was unlikely to be irreparably harmed if an injunction is not issued (PTT LLC v. Gimme Games, et al., No. 13-7161, D. N.J.; 2014 U.S. Dist. LEXIS 148981).

Mealey's Litigation Procedure - Judge Grants Request For Discovery To Be Used In London Arbitration

TRENTON, N.J. - A New Jersey federal judge on Oct. 17 granted an application filed by shipping companies to subpoena certain evidence from an international transportation company for use in a London arbitration dispute over unpaid charter-party invoices (In Re Application of Owl Shipping LLC, et al., No. 14-5655, D. N.J.; 2014 U.S. Dist. LEXIS 148088).

Mealey's Toxic Tort/Environmental - Defendants Seek Sanctions For Vinyl Chloride Attorney Based On Leaked Email

CAMDEN, N.J. - Consolidated Rail Corp. (CONRAIL), a defendant in the lawsuit brought by New Jersey residents seeking $10 million damages for vinyl chloride contamination allegedly caused by the derailment of a train in Paulsboro, N.J., on Oct. 13 sent a letter to the federal judge presiding over the case, seeking sanctions against the plaintiffs' attorney on grounds that he has released confidential documents publicly (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Insurance - Insured Responds To Judge's Order To Show Cause In Superstorm Sandy Dispute

NEWARK, N.J. - Noting a delay in the coordination of scheduling a surveyor to take certain measurements at an insured's property, the insured on Oct. 14 responded to a New Jersey federal judge's order to show cause why a coverage dispute over flood damage caused by Hurricane Irene and Superstorm Sandy should not be dismissed for failure to prosecute (Patrick Donnelly v. New Jersey Re-Insurance Company, et al., No. 12-07629, D. N.J.).

Mealey's Toxic Tort/Environmental - Paulsboro Chemical Spill Defendant: Exposure Did Not Cause Injuries

CAMDEN, N.J. - CSX Transportation Inc., a defendant in a lawsuit brought by New Jersey residents seeking $10 million in punitive damages for vinyl chloride contamination allegedly caused by the derailment of a train carrying the chemical in Paulsboro, N.J., on Oct. 9 filed an amended answer in New Jersey federal court, contending that the plaintiffs were not exposed to vinyl chloride at levels that caused "injuries to their bodies," such that there was an increased likelihood of developing cancer and diseases of the blood (In re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).

Mealey's Labor & Employment - New Jersey Federal Judge: Merck's Motion To Dismiss Gender Bias Suit Is Premature

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).

Mealey's Insurance - Insurer Seeks Rehearing Of 3rd Circuit Ruling In Denial Of Benefits Case

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).

Mealey's Health Law - Insurer Seeks Rehearing Of 3rd Circuit Ruling In Denial Of Benefits Case

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).

Mealey's Litigation Procedure - New Jersey Federal Judge: Merck's Motion To Dismiss Gender Bias Suit Is Premature

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).

Mealey's Labor & Employment - Insurer Seeks Rehearing Of 3rd Circuit Ruling In Denial Of Benefits Case

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).

Mealey's Toxic Tort/Environmental - Federal Judge Finds No Evidence Of Government's Control Over Asbestos Warnings

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).

Mealey's Insurance - N.J. Panel Remands To Resolve Whether Discrimination Claim Was Properly Denied

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).

Mealey's Insurance - Judge Overrules Insurance Companies' Objections To CERCLA Settlement

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).

Mealey's PI/Product Liability - Asbestos Fraud Defendants Want N.J. Court To Weigh In On Litigation Privilege

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.).

Mealey's Litigation Procedure - Asbestos Fraud Defendants Want N.J. Court To Weigh In On Litigation Privilege

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.).

Mealey's Toxic Tort/Environmental - Asbestos Fraud Defendants Want N.J. Court To Weigh In On Litigation Privilege

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.).

Mealey's Toxic Tort/Environmental - Magistrate Judge Denies Motion To Bifurcate Proceedings In RCRA Lawsuit

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).

Mealey's Insurance - Federal Judge Partially Grants Motion To Dismiss In Medicare Anti-Kickback Case

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).

Mealey's Health Law - Federal Judge Partially Grants Motion To Dismiss In Medicare Anti-Kickback Case

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).