Posted on Fri, May 18, 2012 @ 08:54 AM
A husband and wife injured by a texting teenaged driver in 2009 are trying to break new legal ground by suing the person with whom he was exchanging messages right before the crash. David and Linda Kubert claim that because Kyle Best was answering a text from Shannon Colonna at the time, Colonna was "electronically present" in Best's pickup truck when it crossed the yellow line and hit them on their motorcycle, causing each of them to lose a leg. They also claim she knew or should have known Best was driving. In fact, she essentially admitted as much during her deposition, testifying she "may have known."
NOVEL SUIT SEEKS TO HOLD TEXTER LIABLE FOR CAUSING DRIVER TO LOSE CONTROL
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Posted on Wed, Apr 25, 2012 @ 12:50 PM
Merck & Co. Inc. chalked up its fifth straight trial victory in the massive Fosamax litigation with a no-cause verdict in New Jersey Superior Court. The latest win came from Atlantic County in Sessner v. Merck, ATL-L-3394-11, one of the bellwether cases in the mass tort litigation centralized there. It’s Merck’s second win in New Jersey and fifth consecutive win of the six such cases that have gone to trial. They all involve allegations that Fosamax, designed to treat and prevent osteoporosis, caused osteonecrosis of the jaw – bone death that prevents healing after dental procedures.
MERCK CONTINUES ITS STREAK AS JURY FINDS NO CAUSE IN N.J. FOSAMAX CASE
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Posted on Wed, Apr 18, 2012 @ 12:17 PM
A woman suing JPMorgan Chase for sex discrimination must turn over a summary she prepared, before hiring a lawyer, of notes she took about the allegedly hostile workplace, a New Jersey appeals court ruled on Thursday. The summary was not shielded by attorney-client privilege because "it was not prepared at the request of counsel or under his supervision," the court said in Marshall v. JPMorgan Chase Bank, A-1405-11. The lower court had ruled that the summary was privileged, but had ordered it given to JPMorgan Chase as a matter of fairness. On interlocutory review, the appeals court affirmed the result, although it disagreed with the rationale.
NO LAWYER-CLIENT PRIVILEGE EXISTS FOR DOCUMENT CREATED BEFORE RETAINER
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Posted on Fri, Apr 06, 2012 @ 11:05 AM
Motorcycle club members can pursue First Amendment and other claims over state police orders to hide their insignias before leaving a traffic stop. U.S. District Judge Jerome Simandle in Camden on March 29 denied the state's motion to dismiss free speech, malicious prosecution, abuse of process and equal protection counts raised by the Pagan and Tribe clubs in Coles v. Carlini, 10-cv-6132. Simandle also denied the state's motion to strike references to a 1999 consent order governing traffic stops by state police, which the plaintiffs claim was violated. But he granted defense motions to dismiss civil conspiracy and due process claims.
BIKERS CAN SUE OVER STATE TROOPER ORDER TO HIDE GANG MARKINGS
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Posted on Wed, Mar 14, 2012 @ 08:58 AM
An invasion-of-privacy claim by a patient whose proctologist took nude photos of her during an examination was not time-barred, as the clock started running only when she learned he downloaded the images to his home computer, a state appeals court ruled on Tuesday. Though her medical malpractice claim and other causes of action rightfully were properly dismissed as beyond the two-year statute of limitations, the trial judge erred by not conducting a separate analysis of the accrual date for the privacy claim, the Appellate Division said in Whelan v. Sara, A-5392-10.
NJLJ 2/15/2012
SUIT CAN PROCEED AGAINST PROCTOLOGIST WHO TOOK REVEALING PHOTOS OF PATIENT
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Posted on Mon, Feb 20, 2012 @ 01:51 PM
A brand-name drug company can't sue generic drug companies for patent infringement if the generics ask the government to approve only nonpatented uses for the drug, the U.S. Court of Appeals for the Federal Circuit has ruled. On Feb. 9, a unanimous panel affirmed a December 2010 ruling by Judge Robert Kugler of the District of Delaware dismissing AstraZeneca Pharmaceuticals L.P.'s case against Apotex Corp. and several other generic drug companies. The case, AstraZeneca v. Apotex, involves AstraZeneca's patented technology for the cholesterol-lowering drug Crestor. AstraZeneca holds three patents related to the drug.
GENERIC DRUG MAKERS NOTCH BIG WIN AT THE FEDERAL CIRCUIT
NJLJ 2/13/2012
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Posted on Tue, Feb 14, 2012 @ 01:11 PM
Drivers of some Chrysler vehicles claim in a federal putative class action suit that shoddy sunroofs have left them waterlogged. The suit seeks class certification for purchasers or lessees of new or used Jeep Compass, Patriot, Liberty, Cherokee, Grand Cherokee, Commander and Chrysler 300 series vehicles with factory sunroofs from 2006 through 2012. Chrysler knew or had reason to know of the defect for a number of years and chose not to fix it through design, manufacturing, installation and materials changes, according to the suit, Miller v. Chrysler Group LLC, 12-cv-760. The company has not issued a recall notice or informed owners, prospective purchasers and lessees of the problem, the plaintiffs say.
SUIT CLAIMS SOME CHRYSLER SUNROOFS SOAK DRIVERS IN MORE THAN ONE WAY
NJLJ 2/10/2012
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Posted on Tue, Jan 10, 2012 @ 07:59 AM
OWNER WHO SAW HER DOG KILLED BY ANOTHER SEEKS PORTEE-TYPE DAMAGES
The state Supreme Court is being asked to determine whether a dog owner who witnesses her pet being violently killed by another animal can sue for emotional distress damages. If the Court answers yes, it would mark a broad expansion of its ruling in Portee v. Jaffee, 84 N.J. 88 (1980), which allows such a suit by one who witnesses the traumatic death of a close family member. The case heard on Wednesday, McDougall v. Lamm, A-99-10, involves a Morris Plains woman who was walking her maltipoo, a cross between a maltese and a poodle, when a large, mixed-breed dog attacked, grabbed her dog by the neck, shook it violently and dropped it dead to the ground. New Jersey case law generally limits damages for loss of a pet to its replacement value.
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Posted on Wed, Jan 04, 2012 @ 08:15 PM
FEDERAL JUDGE INVESTIGATES MISUSE OF PRE-TRIAL SUBPOENAS BY U.S. ATTORNEY
Federal prosecutors repeatedly violated a criminal procedure rule by serving pre-trial subpoenas on various third-parties in a bribery case without obtaining a court order as required, a federal judge ruled on Monday. Out of concern the violations are more widespread, District Judge Freda Wolfson ordered a Dec. 21 hearing in the case, U.S. v. Mosberg, 08-cr-678, at which the U.S. Attorney's Office will be required to explain its procedures. "[B]ased on the Government's actions in this case, the Court questions whether the United States' Attorney office for the District of New Jersey issues pre-trial subpoenas without leave of court as a matter of course," wrote Wolfson. She gave the office until Dec. 14 to file a "written submission regarding its use of trial subpoenas and the manner in which they are issued.
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Posted on Wed, Jan 04, 2012 @ 08:03 PM
NFL FORMER PLAYERS SUE OVER CONCUSSIVE INJURIES, MISUSE OF PAIN DRUG
A dozen former pro players are suing the National Football League, claiming a flawed policy on concussions, coupled with league misuse of the anti-inflammatory drug Toradol, ultimately caused them long-term brain injuries. The NFL went out of its way to dispute and ignore evidence of the risks of multiple concussions and the subsequent long-term effects — all to keep players on the field and protect its interests, the plaintiffs allege in Finn v. NFL, filed Monday in federal court in Newark. The suit, the latest of several stemming from retired players' concussion-related conditions, is the first to allege that Toradol, a drug used to treat concussions, masked pain but caused other health complications.
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