Mealey's IP/Tech - New York Federal Judge Awards Enhanced Fees In Patent Case

NEW YORK - A patent infringement defendant was awarded nearly $300,000 in attorney fees and costs on Oct. 23 by a New York federal judge (Lumen View Technology Inc. v. Findthebest.com Inc., No. 13-3599, S.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit Denies Rehearing In Securities Class Action Against Deutsche Bank

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Oct. 16 denied a motion for rehearing or, in the alternative, rehearing en banc in a securities class action against Deutsche Bank AG (DB) and certain of its subsidiaries and others, which were alleged to have misrepresented DB's exposure to the subprime and Alt-A securities market in violation of federal securities laws (Norbert G. Kaess, et al. v. Deutsche Bank AG, et al., No. 13-2364, 2nd Cir.).

Mealey's Health Law - New York Cardiologist Sentenced To 3 Years In Prison, Pay $2M In Restitution

WHITE PLAINS, N.Y. - A federal judge in New York on Oct. 16 sentenced a cardiologist to three years in prison and ordered him to pay $2 million in forfeiture and restitution for fraudulently billing Medicare and other insurance providers for services that were not medically necessary from 2007 until 2011 (United States of America v. Rohan Wijetilaka, No. 12-cr-00924, S.D. N.Y.).

Mealey's IP/Tech - Federal Circuit Affirms Dismissal Of Patent Claims Against Japan Airlines

WASHINGTON, D.C. - Allegations that Japan Airlines Corp. (JAL) infringed a patented method of making a secure identification document with an embedded computer chip when it used electronic passports to process passengers within the United States were properly rejected by a New York federal judge, the Federal Circuit U.S. Court of Appeals ruled Oct. 21 (IRIS Corporation v. Japan Airlines Corp., No. 10-1051, Fed. Cir.).

Mealey's PI/Product Liability - 2nd Circuit Panel Vacates Fosamax Plaintiff Attorney's Sanction For Better Record

NEW YORK - A federal appeals panel on Oct. 20 vacated a sanction against the conduct of a plaintiff's lawyer during a Fosamax trial and remanded the issue to the trial court to develop a record to support the lower court's decision (Gary J. Douglas v. Merck & Co., Inc., No. 12-4348, 2nd Cir.).

Mealey's Insurance - New York Cardiologist Sentenced To 3 Years In Prison, Pay $2M In Restitution

WHITE PLAINS, N.Y. - A federal judge in New York on Oct. 16 sentenced a cardiologist to three years in prison and ordered him to pay $2 million in forfeiture and restitution for fraudulently billing Medicare and other insurance providers for services that were not medically necessary from 2007 until 2011 (United States of America v. Rohan Wijetilaka, No. 12-cr-00924, S.D. N.Y.).

Mealey's Insurance - Panel Affirms Lower Court Order, Says Reinsurance Trigger Point Not Met

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Oct. 16 affirmed a lower court decision in a summary order, finding that an insurer's losses did not reach a reinsurance agreement's trigger point and, therefore, a reinsurer is not liable for amounts the insurer said it is owed (Seneca Insurance Company Inc. v. Everest Reinsurance Company, No. 13-4201, 2nd Cir.; 2014 U.S. App. LEXIS 19929).

Mealey's Securities/D&O Liability - 2nd Circuit Denies Rehearing In Securities Class Action Against Deutsche Bank

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Oct. 16 denied a motion for rehearing or, in the alternative, rehearing en banc in a securities class action against Deutsche Bank AG (DB) and certain of its subsidiaries and others, which were alleged to have misrepresented DB's exposure to the subprime and Alt-A securities market in violation of federal securities laws (Norbert G. Kaess, et al. v. Deutsche Bank AG, et al., No. 13-2364, 2nd Cir.).

Mealey's Bankruptcy - GM Tells MDL Judge California District Attorney's Suit Belongs In MDL

NEW YORK - A suit brought By Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) belongs in the GM ignition-switch multidistrict litigation pending in the U.S. District Court for the Southern District of New York, the automaker argues in an Oct. 16 response to a motion to remand the suit to state court in California (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Antitrust/Unfair Competition - GM Tells MDL Judge California District Attorney's Suit Belongs In MDL

NEW YORK - A suit brought By Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) belongs in the GM ignition-switch multidistrict litigation pending in the U.S. District Court for the Southern District of New York, the automaker argues in an Oct. 16 response to a motion to remand the suit to state court in California (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Litigation Procedure - District Court's Order Is Not Final Order, Not Appealable, 2nd Circuit Rules

NEW YORK - A federal district court order that held that a plan sponsor is a plan administrator within the meaning of the Employee Retirement Income Security Act and remanded for additional evidence is not an immediately appealable final order, the Second Circuit U.S. Court of Appeals ruled Oct. 15 in an unprecedential order (Raymond Thomas v. Bank of America, No. 13-442, 2nd Cir.; 2014 U.S. App. LEXIS 19711).

Mealey's IP/Tech - Judge Declines To Enjoin Microsoft's Now-Disabled Bing Image Widget

NEW YORK - A commercial image provider has not established that it will suffer irreparable harm absent an injunction, a New York federal judge ruled Oct. 16, noting that the image search feature at the heart of a copyright infringement complaint has already been disabled by Microsoft Corp. (Getty Images [US] Inc. v. Microsoft Corp., No. 1:14-cv-07114, S.D. N.Y.; 2014 U.S. Dist. LEXIS 147532).

Mealey's Insurance - Panel: Insurer Did Not Act In Bad Faith In Denying Coverage Under Policy

NEW YORK - A federal district court did not err in granting summary judgment in an insurance bad faith lawsuit because an insurer was not required to provide coverage for an insured's losses in the basement of the property because the basement was not a "covered location" under the terms of a flood insurance policy, a Second Circuit U.S. Court of Appeals panel ruled Oct. 16 (Jane Street Holding LLC v. Aspen American Insurance Co., No. 14-392, 2nd Cir.; 2014 U.S. App. LEXIS 19905).

Mealey's PI/Product Liability - GM Tells MDL Judge California District Attorney's Suit Belongs In MDL

NEW YORK - A suit brought By Orange County, Calif., District Attorney Tony Rackauckas on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) belongs in the GM ignition-switch multidistrict litigation pending in the U.S. District Court for the Southern District of New York, the automaker argues in an Oct. 16 response to a motion to remand the suit to state court in California (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Labor & Employment - District Court's Order Is Not Final Order, Not Appealable, 2nd Circuit Rules

NEW YORK - A federal district court order that held that a plan sponsor is a plan administrator within the meaning of the Employee Retirement Income Security Act and remanded for additional evidence is not an immediately appealable final order, the Second Circuit U.S. Court of Appeals ruled Oct. 15 in an unprecedential order (Raymond Thomas v. Bank of America, No. 13-442, 2nd Cir.; 2014 U.S. App. LEXIS 19711).

Mealey's Toxic Tort/Environmental - New York High Court Denies Rehearing Of Fracking Ban Lawsuit

ALBANY, N.Y. - The New York Court of Appeals on Oct. 16 refused to rehear a hydraulic fracturing ban lawsuit in which the court split when it issued its opinion concluding that local municipalities may pass bans on the oil and gas extraction procedure because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use (Norse Energy Corp. USA v. Town of Dryden, et al., No. APL-2013-00245, N.Y. App.).

Mealey's Labor & Employment - 2nd Circuit Partially Reinstates Workers' Race Bias, Retaliation Claims

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 14 partially reinstated racial bias, retaliation and hostile work environment claims brought by two black employees who allege that they were not treated as well as white employees while working for the New York University Medical Center (Desmond Leung, et al. v. New York University, et al., No. 13-2267, 2nd Cir.; 2014 U.S. App. LEXIS 19663).

Mealey's Insurance - 2nd Circuit: Policy Requires Insurer To Pay No More Than $50,000 Already Tendered

NEW YORK - Because an insured's flood-damaged generator was located in a building's basement and not on a covered floor, an insurer is not required to pay more than the $50,000 it has already tendered in a Superstorm Sandy coverage dispute, the Second Circuit U.S. Court of Appeals affirmed Oct. 16 (Jane Street Holding LLC v. Aspen Am. Ins. Co., No. 14-392, 2nd Cir.).

Mealey's Bankruptcy - California DA Asks GM MDL Judge To Remand Suit To State Court

NEW YORK - A suit brought on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) should be remanded to California state court, Orange County, Calif., District Attorney Tony Rackauckas argues in a memorandum filed Oct. 14 in the U.S. District Court for the Southern District of New York, site of the General Motors ignition switch multidistrict litigation (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Antitrust/Unfair Competition - California DA Asks GM MDL Judge To Remand Suit To State Court

NEW YORK - A suit brought on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) should be remanded to California state court, Orange County, Calif., District Attorney Tony Rackauckas argues in a memorandum filed Oct. 14 in the U.S. District Court for the Southern District of New York, site of the General Motors ignition switch multidistrict litigation (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's PI/Product Liability - GM Plaintiffs Seek Recovery For Economic Losses In MDL Court

NEW YORK - Lead plaintiffs' counsel in the General Motors LLC (GM) ignition-switch multidistrict litigation filed two consolidated complaints on Oct. 14, one related to recalled vehicles purchased before July 11, 2009, and the other related to vehicles purchased thereafter, in the U.S. District Court for the Southern District of New York (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Judge Dismisses Lead Poisoning Claim For Lack Of Subject Matter Jurisdiction

BROOKLYN, N.Y. - A federal judge in New York on Oct. 15 dismissed a lead-paint poisoning lawsuit without prejudice on grounds that the plaintiffs failed to demonstrate that federal subject matter jurisdiction applied (Ruden Ellis, et al. v. Sabeini Mitivach Associates, No. 14-4441, E.D. N.Y.; 2014 U.S. Dist. LEXIS 146792).

Mealey's PI/Product Liability - California DA Asks GM MDL Judge To Remand Suit To State Court

NEW YORK - A suit brought on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) should be remanded to California state court, Orange County, Calif., District Attorney Tony Rackauckas argues in a memorandum filed Oct. 14 in the U.S. District Court for the Southern District of New York, site of the General Motors ignition switch multidistrict litigation (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Insurance - Insurer Seeks Reconsideration Of Ruling In Dispute Over $1.2M Employee Theft

ALBANY, N.Y. - An insurer on Oct. 14 asked a New York federal court to reconsider its summary judgment ruling last month in a coverage dispute over a $1.2 million theft by the insured's former manager of accounting (Dataflow Inc., et al. Peerless Insurance Co., No. 3:11-CV-1127 [LEK/DEP], N.D. N.Y.; 2014 U.S. Dist. LEXIS 138042).

Mealey's Litigation Procedure - Judge Rejects Motion To Vacate Ruling In Securities Class Action Lawsuit

NEW YORK - A federal judge in New York on Oct. 13 rejected lead plaintiffs' motion in a securities class action lawsuit to vacate a previous ruling based on their finding of new evidence, finding that the lead plaintiffs failed to bring the evidence at the time of the defendants' motion for reconsideration (In re SAIC Inc. Securities Litigation, No. 12-1353, S.D. N.Y.; 2014 U.S. Dist. LEXIS 13629).