SYRACUSE, N.Y. - Plaintiffs lack evidence of exposure to original asbestos-containing gaskets and packing supplied with Crane Co. valves, and the company cannot be held liable for replacement packing and gaskets it never manufactured or supplied, a New York federal judge held Feb. 18 (Dwight Crews and Peggy Crews v. Air & Liquid Systems Corp., et al., No. 12-1678, N.D. N.Y.).
ALBANY, N.Y. - An insurer did not delay a decision to deny coverage for an underlying personal injury case because the insurer believed the insured driver was going to cooperate with its investigation and it could not disclaim coverage until it was clear that the driver was not going to cooperate with the insurer, the New York Court of Appeals said Feb. 18 (Country-Wide Insurance Co. v. Preferred Trucking Services Corp. et al., No. 21, N.Y. App.; 2014 N.Y. LEXIS 171).
NEW YORK - Generic drug manufacturers Ranbaxy Pharmaceuticals Inc. and Teva Pharmaceuticals USA Inc. have agreed to pay the State of New York $150,000 each and to end their "pay-to-delay" agreement relating to generic versions drugs, the New York Attorney General's Office announced Feb. 19 (In the Matter of the Investigation by Eric T. Schneiderman, et al., Assurance No. 14-034, N.Y., Atty. Gen.).
NEW YORK - The Royal Bank of Scotland Group (RBS) will pay $275 million to settle claims that it concealed the investment quality of certain mortgage-backed securities sold in stock offerings in violation of federal securities laws, according to a press release issued Feb. 20 (New Jersey Carpenters Vacation Fund v. Harborview Mortgage Loan Trust 2006-4, et al., No. 08-5093, S.D. N.Y.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Residential Capital LLC (ResCap) on Feb. 19 ruled that a couple's claims for $10 million were disallowed and expunged because they were filed against the wrong debtor (In Re: Residential Capital LLC, No,. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - A creditor in the Securities Investor Protection Act (SIPA) litigation related to the Chapter 11 bankruptcy of MF Global Inc. (MFGI), an affiliate of MF Global Holdings Ltd. (MFGH), on Feb. 18 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the Bankruptcy Court should require the costs and expenses of those hired by the SIPA trustee to be disclosed and subject to Bankruptcy Court approval (In Re: MF Global Inc., No. 11-2790, Chapter 11, S.D. N.Y. Bkcy.).
ALBANY, N.Y. - An insurer has no duty to defend or indemnify its insured in connection with an underlying assault and battery personal injury suit because the policy clearly excludes coverage for assault and battery claims, a New York Court of Appeals majority said Feb. 18 (QBE Insurance Corp. v. Jinx-Proof Inc. et al., No. 25, N.Y. App.: 2014 N.Y. LEXIS 174;
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 19 affirmed a trial court's decision to confirm an international arbitration award issued in favor of Citigroup Inc., finding that the tribunal did not err in applying New York law to the case (Abu Dhabi Investment Authority v. Citigroup Inc., No. 13-1068, 2nd Cir.; 2014 U.S. App. LEXIS 2940).
NEW YORK - A federal judge in New York on Feb. 14 rejected a request by a number of financial institutions to reconsider her ruling denying use of documents from an unrelated actions for discovery, motion practice and trial, ruling that the defendants had ample time to include the documents in discovery earlier in the action (Federal Housing Finance Agency v. HSBC North America Holdings Inc., et al., Nos. 11-6189, 11-6190, 11-6193, 11-6195, 11-6198, 11,6200, 11-6201, 11-6202, 11-6203, 11-6739 and 11-7010, S.D. N.Y.).
ALBANY, N.Y. - A majority of the New York Court of Appeals on Feb. 18 vacated its June 11 ruling that a professional liability insurer's breach of its duty to defend precluded it from relying on policy exclusions to deny coverage for an underlying $3.1 million default judgment against the insured (K2 Investment Group LLC, et al. v American Guarantee & Liability Insurance Co., No. 6, N.Y. App.; 2014 N.Y. LEXIS 201).
CENTRAL ISLIP, N.Y. - Allegations of copyright infringement levied against Black Entertainment Television (BET) Inc., Apple Inc. and others that aired a "bio-documentary" detailing a plaintiff's life story were dismissed Feb. 14 by a New York federal judge (Charles Williams v. Black Entertainment Television Inc. et al., No. 13-1459, E.D. N.Y.).
NEW YORK - An insurer asked a federal court in New York on Feb. 14 to confirm an arbitration award issued by a panel on which the court had previously appointed an arbitration umpire (American Home Assurance Company v. Employers Insurance Company of Wausau, No. 13-cv-05169, S.D. N.Y.).
SYRACUSE, N.Y. - Parties to a reinsurance case told a federal court in New York on Feb. 14 that in accordance with the court's order, they had chosen a mediator (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).
NEW YORK - A New York federal judge on Feb. 14 determined that a reinsured must comply with an arbitration award because there are no issues of material fact that would preclude the award (R&Q Reinsurance Company v. Utica Mutual Insurance Company, No. 13-cv-08013, S.D. N.Y.).
BROOKLYN, N.Y. - A federal judge in New York on Feb. 11 denied a motion to consolidate cases brought by the United States and state attorneys general and several merchants challenging American Express Co. and American Express Travel Related Services Co. Inc.'s (collectively, American Express) "anti-steering" rules, which prevent U.S. merchants from providing consumers with incentives to use forms of payment that are less expensive to the merchant than American Express-branded payment cards (In re: American Express Anti-Steering Rules Antitrust Litigation, No. 11-2221, United States of America, et al. v. American Express Co., et al., No. 10-4496, E.D. N.Y.; 2014 U.S. Dist. LEXIS 17226).
NEW YORK - UBS Real Estate Securities Inc., a creditor in the Chapter 11 bankruptcy of Residential Capital LLC (ResCap), on Feb. 13 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that it has a valid claim against the bankruptcy estate for $56,451,603 (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - The bankrupt New York City Opera Inc. on Feb. 12 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to a motion by the Official Committee of Unsecured Creditors that seeks the authority to conduct an examination by compelling the production of documents related to proposals submitted by parties that may want to take control of the opera (In Re: New York City Opera Inc., No. 13-13240, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - An appeal by nine food flavoring workers of a bankruptcy court order dismissing their diacetyl exposure personal injury claims against Chemtura Corp. was denied Feb. 10 in the U.S. District Court for the Southern District of New York; the appellants failed to file claim notices by the bankruptcy court deadline, and the claims were discharged, according to the presiding judge (In re Chemtura Corp., No. 13-2023, S.D. N.Y).