Charlie Sheen Withdraws Lawsuit Over New York Hotel Incident

SANTA MONICA, Calif. - (AP) Court records show a judge has granted Charlie Sheen's request to dismiss a lawsuit filed against a woman who locked herself in the bathroom of an upscale New York hotel room that the actor left in tatters. Sheen claimed Capri Anderson locked herself in the bathroom of...

Environment Groups File Lawsuit Over Natural Gas Drilling Regulations

NEW YORK - (AP) Environmental groups filed a lawsuit Thursday in New York City to force federal officials to conduct an environmental review before issuing final regulations on natural gas drilling in the Delaware River Basin because of concerns over the method used to remove the gas. The lawsuit asks...

New York Hotel Sues Over Ground Zero Construction Noise

NEW YORK - (AP) The din of rebuilding the World Trade Center is driving guests away from a prominent hotel overlooking ground zero, and the agency in charge hasn't listened to requests to quell the noise, the hotel's owner says in a lawsuit filed Friday. The Millennium Hilton has lost $8 million...

Man Who Survived Police Shooting Sues New York Police Department

NEW YORK - (AP) A man who was shot many times by New York City police officers last year during a fight over a gun at a Harlem block party has filed a federal civil rights lawsuit against the police department. Angel Alvarez, who was hit by at least 15 bullets. . . . Full version available to lexis.com...

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LexisNexis Launches Social Media Visibility Service For Law Firms

Social Media Service Now Part of Enhanced Portfolio of Web Visibility Solutions Designed to Help Small Law Firms Engage More Prospective Clients January 31, 2012 - NEW YORK - LexisNexis , a leading provider of content and technology solutions, announced today at LegalTech ® New York , the launch...

William A. Ruskin: Plaintiff's Failure To Disclose Expert Prior To Summary Judgment Proves Fatal

By William A. Ruskin In Akron Scott v. Westmore Fuel Company, Inc . (6/14/12) [ enhanced version available to lexis.com subscribers ], the Appellate Division, First Department, examined the timing of plaintiff's tardy expert disclosure. In that case, plaintiff disclosed his expert for the first...

Williams Mullen - Libor Litigation: The Next Big Wave In Financial Crisis Lawsuits?

By Camden R. Webb and Robert D. Perrow In June, Barclays Bank agreed to pay $453 million to settle charges that its conduct resulted in manipulation of the Libor interest rate. Although lawsuits involving potential Libor manipulation had been pending for nearly two years prior to the settlement, "Libor...

Jury Awards Plaintiff $10.4 Million For Injuries, Punitive Damages Linked To Novartis' Zometa

CENTRAL ISLIP, N.Y. - (Mealey's) A New York federal jury on Nov. 2 found Novartis Pharmaceuticals Corp. liable for a woman's osteonecrosis of the jaw (ONJ) and awarded her $10.45 million, according to the parties ( Barbara Davids v. Novartis Pharmaceuticals Corporation , No. 2:06-431, E.D. N...

William A. Ruskin: The Confidentiality Of Mediation In New York May Not Be Assured

By William A. Ruskin New York mediator, Richard S. Weil , poses the question in his New York Law Journal article, dated October 25, 2012, "Is Mediation Confidential in New York?" As Mr. Weil observes, confidentiality is a critical element in a mediation. Confidentiality allows participants...

2nd Circuit Affirms $104 Million MTBE Contamination Verdict Against Exxon

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on July 26 affirmed a $104.6 million methyl tertiary butyl ether (MTBE) contamination verdict for New York City against Exxon Mobil Corp., finding in part that the state tort verdict is not preempted by the Clean Air Act ( In...

Federal Judge Confirms $400 Million ICC Award, Finds Mexican Court Erred

NEW YORK — (Mealey’s) A New York federal judge on Aug. 27 granted a Mexican corporation’s request to confirm an approximately $400 million arbitration award that was issued in its favor in a dispute over contracts for the construction of offshore platforms, finding that a Mexican court...

Williams Mullen: Court Holds That Severance Policy Is Not An ERISA Plan: Okun v. Montefiore Medical Center

By Mark S. Thomas and Robert W. Shaw The U.S. District Court for the Southern District of New York has provided clear and useful guidance on a common ERISA question: what constitutes an ERISA-governed benefit plan for severance benefits? In Okun v. Montefiore Medical Center , No. 11 Civ. 9615 (PGG...

William A. Ruskin: Tip To Jurors: Leave Heroin Stash At Home While Sitting On Case

By William A. Ruskin As reported by the New York Law Journal on September 19, 2013, Manhattan Supreme Court Justice Manuel J. Mendez determined in Matter of Esteban v. Department of Education of the City School District of the City of New York , 651904/13, that a high school teacher in a New York...

AbbeySpanier LLP: Court Certifies Class Of Rite Aid Store Managers Under Rule 23

A former Rite Aid store manager filed a complaint in the Southern District of New York alleging that Rite Aid failed to pay its store managers overtime in violation of the Fair Labor Standards Act (the “FLSA”) and the New York Labor Law (the “NYLL). The plaintiff claimed that store...

Merck To Settle Suits Alleging Jaw Damage From Osteoporosis Drug

WHITEHOUSE STATION, N.J. — (Mealey's) Merck & Co. Inc. has agreed to pay $27.7 million to resolve product liability suits alleging that its osteoporosis drug Fosamax caused osteonecrosis of the jaw (ONJ), or bone death, according to a press release the company issued Dec. 9 ( In Re: Fosamax...

William A. Ruskin: New York State Court Of Appeals: Injury Required For Medical Monitoring

By William A. Ruskin | In a landmark decision, the NYS Court of Appeals rejected medical monitoring claims in the absence of a physical injury in Caronia v. Philip Morris , No. 227, slip op. (N.Y. Dec. 17, 2013) [ enhanced opinion available to lexis.com subscribers ]. By way of background, on May...

William A. Ruskin: How You Draft A Liability Disclaimer Really Matters

By William A. Ruskin Contract negotiations involving limitations on liability and disclaimers of damages for breach of contract and tort claims can have significant ramifications for the contracting parties if the business relationship falls apart and litigation results. Under New York law, how the...

William A. Ruskin: A Deal Is A Deal: Ecogen Wind Prevails In Windfarming Dispute

By William A. Ruskin | The New York Law Journal reported on January 2, 2014 that the Town of Prattsburgh, which, during the relevant time, had virtually no laws, codes or requirements on the books governing the installation of wind turbine facilities, was not permitted by the court to retroactively...

William A. Ruskin: The Success Of The SDNY Mediation Program

By William A. Ruskin The Mediation Program of the SDNY provides litigants in commercial litigation with an opportunity, generally early in their litigation, to resolve their disputes without going through the expense of full-blown discovery and the uncertainty of trial. As reflected in the Mediation...

Norton Rose Fulbright: New York Court Says Medical Device Distributor’s Lost Profits Are Direct, Not Consequential, Damages

By Frederick Robinson and Glen Banks In its March 27th opinion in Biotronik A.G. v. Conor Medsystems Ireland Ltd . 1 [ enhanced opinion available to lexis.com subscribers ], a sharply divided New York Court of Appeals ruled that a "no consequential damages" clause in a distribution agreement...

NYC Asbestos Litigation Justice Ends Deferral Of Punitive Damages, Keeps CMO Intact

NEW YORK — Continued deferral of punitive damages in New York City Asbestos Litigation (NYCAL) unfairly prejudices plaintiffs, and fears of runaway verdicts bankrupting defendants appear overblown in light of the standard necessary for such awards, a New York justice held today. The justice also...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

2nd Circuit: $5M Contingent Payment Pursuant To Sept. 11 Settlement Not Triggered

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York...

U.S. Supreme Court Rejects Saudi Arabia’s Appeal Disputing Reopening Of 9/11 Suit

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 30 refused to hear the Kingdom of Saudi Arabia’s appeal of the Second Circuit U.S. Court of Appeals’ finding that a lower federal court erred in denying insurers’ motion to reopen a judgment that dismissed sovereign...