NEW YORK - A creditor in the Chapter 11 case of former law firm Dewey & LeBoeuf on Jan. 28 filed an adversary complaint in the U.S. Bankruptcy Court for the Southern District of New York seeking $5.8 million from the law firm's liquidating trustee in connection with alleged legal malpractice related to advice given by a partner at the firm pertaining to the creditor's need to register a tax shelter (Philip Groves v. Alan M. Jacobs, Liquidating Trustee of Dewey & LeBoeuf $(In Re: Dewey & LeBoeuf$), No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.).
BROOKLYN, N.Y. - A New York federal judge on Jan. 27 declined to remand a health care reimbursement suit to state court, saying that the Employee Retirement Income Security Act preempted claims against one of the defendants (Enigma Management Corp. v. Multiplan Inc., et al., No. 13-5524, E.D. N.Y.; 2014 U.S. Dist. LEXIS 9738).
NEW YORK - Bloomberg L.P.'s unauthorized use of a sound recording of a foreign public company's earnings call was fair pursuant to 17 U.S. Code Section 107, the Second Circuit U.S. Court of Appeals affirmed Jan. 27 (The Swatch Group Management Services Ltd. v. Bloomberg L.P., Nos. 12-2412, 12-2645, 2nd Cir.).
NEW YORK - A federal judge in New York on Jan. 23 transferred to a federal court in Georgia the Federal Deposit Insurance Corp.'s motion to compel responses from Everest Reinsurance Holdings Inc. (Everest Re), finding that the issue is better decided by the judge presiding over a similar coverage action Progressive Casualty Insurance Co. filed against the FDIC in the FDIC's capacity as the bank's receiver (Federal Deposit Insurance Corp. v. Everest Reinsurance Holdings Inc., No. 13-0381, S.D. N.Y.; 2014 U.S. Dist. LEXIS 8506).
NEW YORK - A federal judge in New York on Jan. 24 denied without prejudice a motion for class certification filed by a lead plaintiff in a suit brought under the Fair Debt Collection Practices Act (FDCPA) against a loan servicer, finding that the plaintiff was not an adequate representative of the proposed class (Altagracia Diaz, et al. v. Residential Credit Solutions Inc., No. 12-CV-3781, E.D. N.Y.; 2014 U.S. Dist. LEXIS 8523).
NEW YORK - Creditor Citibank filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that it is entitled to post-petition interest on its oversecured claim, despite the objections of the Residential Capital (ResCap) liquidating trust (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - A New York justice on Jan. 22 granted five builders risk insurers' motion for summary judgment in an insured's breach of contract and bad faith lawsuit seeking $6,409,029 in additional insurance benefits for loss of income and $140,568 in extra expenditures stemming from water leaks that occurred at its Manhattan luxury condominium complex (W2001Z/15 CPW Realty LLC v. Lexington Insurance Co., et al., No. 650593/2010, N.Y. Sup., New York Co.).
NEW YORK - A judge apportioning cleanup costs at two toxic sites in Niagara Falls, N.Y., should have used newer well data in deciding the contributions of two third-party defendants, the Second Circuit U.S. Court of Appeals said in a Jan. 24 summary order (State of New York v. Solvent Chemical Company Inc. v. Olin Corporation, et al., No. 13-132(L), 13-148, 2nd Cir.; 2014 U.S. App. LEXIS 1348).
NEW YORK - A foreign reinsured performance bond issuer on Jan. 24 argued in a federal court in New York for reconsideration of the court's recent denial of the bond issuer's motion for summary judgment regarding jurisdiction, based on a recent U.S. Supreme Court opinion (St. Paul Fire & Marine Insurance Company v. Aseguradora De Creditos Y Garantias, S.A., No. 12-cv-4627, S.D. N.Y.).
NEW YORK - A December order granting summary judgment to a defendant accused of trade dress infringement will not be reconsidered, a New York federal judge ruled Jan. 23 (Luv 'N Care Ltd., et al. v. Regent Baby Products Corp., No. 10-9492, S.D. N.Y.).
NEW YORK - The trustee in the liquidation of MF Global Inc. (MFGI), the customer investment affiliate of MF Global Holdings Ltd (MFGH), on Jan. 23 moved in the U.S. Bankruptcy Court for the Southern District of New York for an order allowing general creditor claims for 33 investment brokers for the total amount of $8,336,536.66 (In Re: MF Global Inc., No. 11-2790, Chapter 11, S. D. N.Y. Bkcy.).
BUFFALO, N.Y. - A federal judge in New York on Jan. 21 vacated an entry of default in a Fair Debt Collection Practices Act (FDCPA) lawsuit, ruling that resolving the dispute "on the merits" is preferred (Amanda Stone v. Takhar Group Collection Services Ltd., et al., No. 12-1212, W.D. N.Y.; 2014 U.S. Dist. LEXIS 7221).
ROCHESTER, N.Y. - A New York federal judge on Jan. 16 denied a motion by a nursing home operator to reinstate a preliminary injunction pending its appeal of a decision dismissing its suit challenging the termination of its Medicare and Medicaid provider agreement (Blossom South v. Kathleen Sebelius, et al., No. 13-6474, W.D. N.Y.; 2014 U.S. Dist. LEXIS 6474).
NEW YORK - A potential stalking horse bidder in the Chapter 11 bankruptcy of Lightsquared Inc. on Jan. 21 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York objecting to the Ad Hoc Secured Group of Lightsquared LP Lenders' (Ad Hoc Group) contention that the bidder was prevented from canceling its bid (In re: Lightsquared Inc., No. 12-12080, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - A federal judge in New York on Jan. 17 issued a brief order denying Jon S. Corzine's motion for dismissal of the securities lawsuit filed against him for his role in the Chapter 11 bankruptcy of MF Global Holdings Ltd. (MFGH), finding his objection to be "without merit" (Joseph DeAngelis v. Jon S. Corzine and U.S. Commodity Futures Trading Commission v. MF Global Holdings Ltd., et al., No. 11-07866, S.D. N.Y.).
NEW YORK - An excess insurer has provided sufficient evidence that a primary insurer acted in bad faith by failing to settle a personal injury claim within policy limits, a New York federal judge ruled Jan. 16, denying both insurers' summary judgment motions (Scottsdale Insurance Co. v. Indian Harbor Insurance Co., No. 1:12-cv-02632, S.D. N.Y.; 2014 U.S. Dist. LEXIS 6072).
NEW YORK - Musician Kanye West can serve immediate discovery requests to learn the identities of the operators of websites offering virtual currency that he says infringe federal trademarks in his name, a New York federal judge ruled Jan. 17, granting the rapper's ex parte application to take immediate discovery (Kanye West, et al. v. 0daycoins.com, et al., No. 1:14-c-00250, S.D. N.Y.)
NEW YORK - A New York federal judge on Jan. 17 confirmed a $102,160 arbitration award that was issued for a technology company by the International Centre for Dispute Resolution (ICDR), finding that the other party offered no opposition as to why confirmation should be denied (Max Great Technology Co., Ltd. v. Maxray Optical Technology Co. Ltd., No. 13 Civ. 6982, S.D. N.Y.; 2014 U.S. Dist. LEXIS 6770).
NEW YORK - A federal judge in New York on Jan. 16 rejected Apple Inc.'s argument that the external compliance monitor the judge appointed after ruling that Apple conspired with publishers to fix prices of electronic books should be disqualified and denied Apple's motion requesting a stay of the appointment based on the monitor's disqualification (United States of America v. Apple Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; State of Texas, et al. v. Penguin Group $(USA$) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.; 2014 U.S. Dist. LEXIS 5795).
NEW YORK - A New York federal judge on Jan. 15 approved a $135 million agreement, minus a 1.86 percent shortfall, between Cantor Fitzgerald & Co. and aviation defendants American Airlines and AMR Corp. to settle the financial services firm's claim for damages stemming from the Sept. 11, 2001, terrorist attacks, finding that the settlement amount is "neither too much nor too little" (In re September 11 Litigation, No. 21 MC 101 $(AKH$), 04 Civ. 7318, S.D. N.Y.).
NEW YORK - The liquidating trust for Residential Capital LLC (ResCap) on Jan. 15 moved in the U.S. Bankruptcy Court for the Southern District of New York for an order approving a settlement agreement among ResCap's bankrupt affiliate, Residential Funding Co. LLC (RFC) and CTX Mortgage Co., Pulte Homes Inc. and PulteGroup Inc. for an undisclosed amount (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).