N.J. Federal Judge Retains Jurisdiction Over DuraPro Toilet Supply Line Subrogation Action

TRENTON, N.J. — A New Jersey federal judge has refused to remand to state court an insurance subrogation action involving property damage allegedly caused by DuraPro toilet supply lines, finding the case is not parallel to state court actions involving the same products and issues.

On Oct. 1, Chief Judge Jerome B. Simandle concluded that abstention under the Colorado River doctrine is not warranted because each action arises out of a different set of facts and involves different installers of the supply lines.

Westfield Insurance Co. brought this subrogation action in New Jersey state court on behalf of four policyholders …