CAMDEN, N.J. - A pharmacist's scheme of fraudulently billing insurance companies, including Medicare and Medicaid, for compounded prescription pain relief cream resulted in an actual loss of $476,713.42, a federal judge in New Jersey found Nov. 4 after reviewing an audit of one of the insurance companies that was billed during the scheme (United States of America v. Vladimir Kleyman, No. 14-598, D. N.J.; 2015 U.S. Dist. LEXIS 149912).
TRENTON, N.J. - A New Jersey federal judge on Nov. 3 dismissed insureds' declaratory judgment lawsuit seeking employment practices coverage for an underlying lawsuit brought by a former employee (Mary Faith Nugiel, et al. v. Westchester Fire Insurance Co., No. 15-7787, D. N.J.; 2015 U.S. Dist. LEXIS 148705).
TRENTON, N.J. - An insurer has shown that severing an insurance bad faith claim from an amended complaint pending resolution of an insured's breach of contract claim is proper because the insurer has met the statutory requirements for severing a claim, a federal judge in New Jersey ruled Nov. 2 (Bridgewater Wholesalers Inc. v. Pennsylvania Lumbermans Mutual Insurance Co., No. 14-3684, D. N.J.; 2015 U.S. Dist. LEXIS 148551).
CAMDEN, N.J. - New Jersey residents seeking damages related to a vinyl chloride spill caused by a train derailment over Mantua Creek filed a brief in New Jersey federal court on Oct. 29, arguing that the defendant railroad companies submitted false testimony in support of their motion for summary judgment (In Re: Paulsboro Derailment Cases, No. 13-784, D. N.J.).
TRENTON, N.J. - A New Jersey trial court judge did not err when dismissing with prejudice a woman's lawsuit accusing her home builder of negligently constructing her home, a state appeals panel ruled Oct. 27, after finding that she did not present evidence to support her claims that improper grading was to blame for water seeping into her basement (Stevonne Wilson v. Woodfields at Princeton Highlands, et al., No. A-0243-13T3, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 2453).
TRENTON, N.J. - A New Jersey appeals panel on Oct. 22 affirmed a lower court's ruling that no reasonable jury could find that an insureds' home had not been flooded by Superstorm Sandy, ruling in favor of a homeowners insurer in a breach of contract and bad faith dispute (Ronald J. Riccio, et al. v. Allstate New Jersey Insurance Co., No. A-4628-13T2, N.J. Super., App. Div.; 2015 N.J. Super. Unpub. LEXIS 2417).
TRENTON, N.J. - The federal judge in New Jersey presiding over a lead contamination lawsuit brought by an environmental group against NL Industries Inc. for its operation of the Raritan Bay Slag (RBS) site on Oct. 20 issued an order that the deadline for Daubert motions be extended until 45 days after dispositive motions are fully briefed (Raritan Baykeeper Inc., et al. v. NL Industries Inc., No. 09-4117, D. N.J.).
NEWARK, N.J. - A couple that owns federal copyrights in a number of songs from before 1972 filed a complaint against satellite radio firm Sirius XM Radio Inc. and online streaming service Pandora Media Inc. in New Jersey federal court on Oct. 19, asserting that the companies have been airing their recordings without paying proper royalties (Arthur Sheridan, et al. v. Sirius XM Radio, Inc., et al., No. 2:15-cv-07576, D. N.J. and Arthur Sheridan, et al. v. iHeartMedia Inc., No. 2:15-cv-07574, D. N.J.).
ATLANTIC CITY, N.J. - A New Jersey state court jury on Oct. 16 returned a verdict in favor of McNeil McNeil-PPC Inc. after finding that a liver injury plaintiff had not proven that she ingested Tylenol Extra Strength (Regina Jackson v. McNeil-PPC Inc., et al., No. ATL-L-880-13, N.J. Super., Atlantic Co.).
CAMDEN, N.J. - The railroad company defendants being sued by a group of New Jersey residents seeking damages related to a vinyl chloride spill caused by the derailment of a train crossing the bridge over Mantua Creek on Oct. 9 filed a brief in federal court, arguing that the District Court should retain jurisdiction over the case (In Re: Paulsboro Derailment Cases, No. 13-784, D.N.J.).
TRENTON, N.J. - A Harvard professor may testify in an antitrust lawsuit over the market inflation of the bundling of pediatric vaccines, a New Jersey federal judge ruled Sept. 30, finding that the professor's report is reliable and granting class certification (Adriana M. Castro, et al. v. Sanofi Pasteur Inc., No. 11-7178, D. N.J.; 2015 U.S. Dist. LEXIS 132458).
TRENTON, N.J. - A New Jersey federal judge on Sept. 29 denied several motions by the secretary of the Labor to exclude expert testimony in a lawsuit alleging fraudulent activity in the purchase of an employee stock ownership plan (ESOP) (Thomas E. Perez, Secretary of Labor, et al. v. First Bankers Trust Services, Inc., et al., No. 12-4450, D. N.J.; 2015 U.S. Dist. LEXIS 130749).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 granted a petition for writ of certiorari filed by a police detective after the Third Circuit U.S. Court of Appeals determined earlier this year that he failed to prove his case claiming that he was demoted in violation of the First Amendment to the U.S. Constitution after he was perceived as being involved in a political campaign (Jeffrey J. Heffernan v. City of Paterson, New Jersey, et al., No. 14-1280, U.S. Sup.).
CAMDEN, N.J. - Although an insured has added necessary additional factual allegations in his insurance bad faith complaint to support most of his claims against his homeowners insurance provider, he has failed to state a plausible claim for violation of a state law consumer fraud protection law, a federal judge in New Jersey ruled Sept. 29 (Steven Breitman v. National Surety Corp., No. 14-7843, D. N.J.; 2015 U.S. Dist. LEXIS 130744).
TRENTON, N.J. - Shingle manufacturer Maibec Inc. says in an opposition brief filed Sept. 29 in New Jersey federal court that a request to certify two discovery rulings for appeal filed by plaintiffs who claim the shingles are defective is frivolous and worthy of sanctions because the decisions did not absolve the company from producing electronically stored information (ESI) and allow discovery from a retained expert (Ilene Stern, et al. v. Maibec Inc., No. 11-3951, D. N.J.).
NEWARK, N.J. - A New Jersey federal judge on Sept. 25 granted approval of a $2.8 million settlement in a class complaint brought by independent contractors who deliver furniture and provide installation services in New Jersey for Macy's Inc. and HomeDeliveryLink Inc. (Henry Badia, et al. v. HomeDeliveryLink, Inc., et al., Nos. 12-6920 and 12-7097, D. N.J.; 2015 U.S. Dist. LEXIS 129033).
TRENTON, N.J. - After finding that a borrower failed to provide any evidence that she entered into a loan modification, a New Jersey federal judge on Sept. 28 granted summary judgment on her claims in favor of a loan servicing company (Mary Angers v. Pennymac Loan Services LLC, No. 14-4701, D. N.J.; 2015 U.S. Dist. LEXIS 129752).
WASHINGTON, D.C. - Although affirming a New Jersey federal judge's determination that three asserted patents are not obvious, the Federal Circuit U.S. Court of Appeals on Sept. 24 reversed a judgment that a defendant induced infringement of various compound claims of the same patents (Shire LLC v. Amneal Pharmaceuticals LLC et al., Nos. 2014-1736, -1737, -1738, -1739, -1740, -1741, Fed. Cir.; 2015 U.S. App. LEXIS 16908).
PHILADELPHIA - A district court did not err in approving a settlement related to two class action lawsuits alleging that a health insurer's use of two claims databases resulted in the underpayment of health care services because the settlement is fair and reasonable, the Third Circuit U.S. Court of Appeals said Sept. 23 (Cathleen McDonough, et al. v. Horizon Blue Cross Blue Shield of New Jersey, et al., No. 14-3558, 3rd Cir.; 2015 U.S. App. LEXIS 16841).
NEWARK, N.J. - A New Jersey federal judge on Sept. 24 denied the federal government's motion to find Bayer Corp. in contempt for violating a 2007 contempt decree by promoting Phillips' Colon Health for treating gastrointestinal problems without having "competent and reliable scientific evidence" to back up its claim (United States of America v. Bayer Corporation, No. 07-1, D. N.J.).