Mealey's PI/Product Liability - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of Appeals (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., No. 2014-00209, N.Y. App.).

Mealey's Toxic Tort/Environmental - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of Appeals (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., No. 2014-00209, N.Y. App.).

Mealey's Toxic Tort/Environmental - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Magistrate Finds Agency Properly Withheld Documents In FOIA Request Response

NEW YORK - An attorney claiming nonresponsiveness under the Freedom of Information Act (FOIA) by the U.S. Citizenship and Immigration Services (CIS) failed to establish any bad faith or violations by the agency, a New York federal judge held Sept. 26, declining to conduct an in camera review of withheld documents and granting the agency's motion for summary judgment (John Assadi Esq. v. United States Citizenship and Immigration Services, No. 1:12-cv-01374, S.D. N.Y.; 2014 U.S. Dist. LEXIS 137074).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Mortgage Foreclosure Case; UCL Claim Not Supported

SAN JOSE, Calif. - In an unpublished opinion, a federal judge in California on Sept. 25 dismissed claims against two financial institutions in a mortgage foreclosure suit, saying that because the plaintiffs' other claims failed, they could not support a claim for violation of the state's unfair competition law (UCL) (Merilyn Fulinara, et al. v. Bank of New York Mellon, et al., No. 13-3963, N.D. Calif.; 2014 U.S. Dist. LEXIS 136012).

Mealey's PI/Product Liability - Novartis Kickback Lawsuit Largely Survives Dismissal

NEW YORK - A New York federal judge on Sept. 30 largely denied a motion by Novartis Pharmaceuticals Corp. to dismiss a False Claims/Anti-Kickback lawsuit in which a whistle-blower, the federal government and New York State allege that the drug maker paid kickbacks to doctors to prescribe the Valturna hypertension drug (United States of America, et al. ex rel. Oswald Bilotta v. Novartis Pharmaceuticals Corporation, No. 11-71, S.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Trademark Claims Against Apple

NEW YORK - Allegations that Apple Inc. infringed when it adopted the trademark "iBooks" in connection with its e-book application for the iPad, iPod and iPhone were properly rejected on summary judgment by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled Sept. 29 (J.T. Colby & Company Inc. v. Apple Inc., No. 13-2227, 2nd Cir.).

Mealey's Insurance - Judge Confirms Interim Arbitration Award In Reinsurance Dispute

NEW YORK - A federal judge in New York on Sept. 26 granted an insurer's motion to confirm an interim arbitration award concerning prehearing security (Companion Property And Casualty Insurance Company v. Allied Provident Insurance, Inc., No. 13-cv-07865, S.D. N.Y.).

Mealey's Banking & Finance - Post-Trial Briefs Filed In Antitrust Action Against Amex On Anti-Steering Rules

NEW YORK - Plaintiffs United States and 17 states and defendants American Express Co. and American Express Travel Related Services Co. Inc. (collectively, Amex) filed their redacted post-trial briefs following the conclusion of the bench trial in federal court in New York on the plaintiffs' claims that Amex's rules preventing merchants from steering customers toward the use of another credit card violate federal antitrust law (United States of America, et al. v. American Express Co., et al., No. 10-cv-4496, E.D. N.Y.).

Mealey's Antitrust/Unfair Competition - Post-Trial Briefs Filed In Antitrust Action Against Amex On Anti-Steering Rules

NEW YORK - Plaintiffs United States and 17 states and defendants American Express Co. and American Express Travel Related Services Co. Inc. (collectively, Amex) filed their redacted post-trial briefs following the conclusion of the bench trial in federal court in New York on the plaintiffs' claims that Amex's rules preventing merchants from steering customers toward the use of another credit card violate federal antitrust law (United States of America, et al. v. American Express Co., et al., No. 10-cv-4496, E.D. N.Y.).

Mealey's Litigation Procedure - MDL Judge Enters Order Coordinating Discovery, Pretrial Schedule In GM Cases

NEW YORK - Ordering the parties "to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions," the federal judge overseeing the General Motors LLC ignition switch litigation on Sept. 24 set forth procedures for discovery and other pretrial proceedings (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).

Mealey's Litigation Procedure - 4th Circuit Says Plaintiff Attorneys In Lago Agrio Case Not Entitled To Privilege

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).

Mealey's PI/Product Liability - MDL Judge Enters Order Coordinating Discovery, Pretrial Schedule In GM Cases

NEW YORK - Ordering the parties "to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions," the federal judge overseeing the General Motors LLC ignition switch litigation on Sept. 24 set forth procedures for discovery and other pretrial proceedings (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).

Mealey's Insurance - Federal Judge Dismisses Bad Faith, Related Claims In Superstorm Sandy Suits

CENTRAL ISLIP, N.Y. - Adopting a report and recommendation by a committee of New York federal magistrate judges, a New York federal judge on Sept. 22 dismissed plaintiffs' bad faith and related claims that are unavailable under New York law in suits arising from Superstorm Sandy damage (In Re Hurricane Sandy Cases, Nos. 13-CV-5925, 13-CV-6158, 14-CV-2000, E.D. N.Y.; 2014 U.S. Dist. LEXIS 133724).

Mealey's Toxic Tort/Environmental - 4th Circuit Says Plaintiff Attorneys In Lago Agrio Case Not Entitled To Privilege

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).

Mealey's Litigation Procedure - Federal Judge In New York Grants Reinsurers' Motion For Discovery

SYRACUSE, N.Y. - In a case over an alleged conflict regarding reinsurance arbitration counsel, a federal judge in New York on Sept. 22 denied an insurer's motion to dismiss its reinsurers' counterclaim, which asks to disqualify the counsel, and granted the reinsurers' motion for discovery (Utica Mutual Insurance Company v. Employers Insurance Company of Wausau, et al., No. 12-cv-01293, N.D. N.Y.; 2014 U.S. Dist. LEXIS 132271).

Mealey's Insurance - Federal Judge In New York Grants Reinsurers' Motion For Discovery

SYRACUSE, N.Y. - In a case over an alleged conflict regarding reinsurance arbitration counsel, a federal judge in New York on Sept. 22 denied an insurer's motion to dismiss its reinsurers' counterclaim, which asks to disqualify the counsel, and granted the reinsurers' motion for discovery (Utica Mutual Insurance Company v. Employers Insurance Company of Wausau, et al., No. 12-cv-01293, N.D. N.Y.; 2014 U.S. Dist. LEXIS 132271).

Mealey's Toxic Tort/Environmental - 2nd Circuit Affirms Dismissal Of Lead Paint Case Based On Swift Remediation

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Sept. 23 ruled that a district court properly granted summary judgment to landlords regarding allegations that a tenant was poisoned by exposure to lead-based paint on grounds that once the landlords knew of the hazard, they moved to abate it quickly (Raeanna Steffenhagen v. Robert Sullivan, et al., No. 13-4718, 2nd Cir.; 2014 U.S. App. LEXIS 18171).

Mealey's Toxic Tort/Environmental - Federal Judge Dismisses Tenants' Action Over Reasonable Accommodations

NEW YORK - After finding that a landlord and various other entities offered reasonable accommodations to tenants in relation to their health issues, including an apartment that is free of mold and flooding, a New York federal judge on Sept. 19 refused to grant the tenants an injunction requiring the defendants to meet certain demands regarding their living conditions (Pasquale Picaro, et al. v. Pelham 1135 LLC, et al., No. 14-CV-7398, S.D. N.Y.; 2014 U.S. Dist. LEXIS 132198).

Mealey's Labor & Employment - 2nd Circuit: Employee Can't Name New Type Of Bias In Federal Complaint

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 19 upheld the dismissal of a New York woman's discrimination lawsuit against her former employer, finding that she failed to exhaust her administrative remedies by naming a different type of discrimination in her federal complaint than she named in her complaint filed with the Equal Employment Opportunity Commission (Lyubov Faktorovich v. Memorial Sloan-Kettering Cancer Center, No. 13-4051, 2nd Cir.; 2014 U.S. App. LEXIS 17958).

Mealey's Insurance - No Coverage Owed For Collapse Of Retaining Wall, New York Justice Says

ROCKLAND, N.Y. - An insurer has no duty to provide coverage to its insured for water damages caused by the collapse of a retaining wall because the collapse does not fall within the limited exception to the policy's collapse exclusion, a New York justice said Sept. 18 (The Provencal LLC v. Tower Insurance Company of New York et al., No. 031262/2012, N.Y. Sup., Rockland Co.).

Mealey's Bankruptcy - New GM Not Liable For Class Action Settlement, 2nd Circuit Panel Rules

NEW YORK - General Motors LLC (New GM) is not liable for the cost of a settlement between General Motors Corp. (Old GM) and a class of Saturn owners who alleged that their vehicles' transmissions were defectively designed, the Second Circuit U.S. Court of Appeals ruled Sept. 19 (In the Matter of: Motors Liquidation Co.; Kelly Castillo, et al. v. General Motors LLC, No. 13-4223-bk, 2nd Cir.).

Mealey's PI/Product Liability - Federal Judge Allows Discovery To Proceed In Some Non-MDL Ignition Switch Cases

NEW YORK - Discovery may proceed in suits that involve vehicles that are not the subject of General Motors LLC's (New GM) motions to enforce currently pending in the U.S. Bankruptcy Court for the Southern District of New York, the federal judge who is overseeing the ignition switch litigation ruled Sept. 19 (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).