NEW YORK - In a case that it said "tests the boundaries of fair use," a Second Circuit U.S. Court of Appeals panel on Oct. 16 found that Google Inc.'s digital "Library Project" constituted fair use because it is transformative of the included copyrighted works and, therefore, is not infringing (The Authors Guild, et al. v. Google Inc., No. 13-4829, 2nd Cir.).
HARRISBURG, Pa. - A Pennsylvania federal judge on Oct. 13 denied an insurer's motion for reconsideration, determining that the addition to the record of a portion of the insurer's affidavit does not change the conclusion that Pennsylvania law, not New York law, governs the insured's lawsuit seeking coverage for underlying asbestos liabilities (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 138927).
NEW YORK - A federal district court did not err in dismissing an investment consultant's complaint against a website and its operator for alleged violations of federal securities laws because the investment consultant failed to properly plead reliance, a Second Circuit U.S. Court of Appeals panel ruled Oct. 9 (Joseph M. Salvani, et al. v. InvestorHub.com Inc., et al., No. 14-3994, 2nd Cir.; 2015 U.S. App. LEXIS 17734).
BUFFALO, N.Y. - A New York justice on Oct. 9 ordered a defunct mining operation to pay $5.6 million after it refused to appear at trial, sources told Mealey Publications (Joseph Muir v. Air & Liquid Systems Corp., et al., No. 809307/2014, N.Y. Sup., Erie Co.).
NEW YORK - In an Oct. 6 notice filed in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that a ruling that same day by the European Court of Justice (ECJ), which was critical of U.S. extraterritorial data acquisition via warrants, supports its quest to vacate a subpoena served on it by the U.S. government requiring search and disclosure of the emails from an Irish-based Microsoft data center (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., No. 14-2985, 2nd Cir.).
NEW YORK - Crane Co. has not successfully refuted evidence that it included asbestos with its valves or that it had a hand in or benefited from the use of asbestos-containing replacement parts, a New York justice held in an opinion posted Oct. 8 (Mark Ricci v. A.O. Smith Water Products Co., et al., No. 190224/14, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3620).
NEW YORK - A plaintiff's allegation of misconduct by her former attorneys in connection with an unsuccessful action for copyright infringement was rejected Oct. 7 by a New York federal judge (Carla B. Boone v. Codispoti & Associates PC, et al., No. 15-1391, S.D. N.Y.; 2015 U.S. Dist. LEXIS 137054).
NEW YORK - A New York federal judge on Oct. 6 granted a Korean global holding corporation's request for a turnover of stock certificates in a variety of wholly owned subsidiaries to satisfy a final arbitration award totaling $35 million in damages, but denied a request for discovery as premature (Daum Global Holdings Corp. v. Ybrant Digital Limited, et al., No. 13-03135, S.D. N.Y.; 2015 U.S. Dist. LEXIS 136835).
NEW YORK - An appellate ruling relieving a manufacturer of liability for a salvage worker's asbestos exposure does not bar a man's claim for exposure arising from disassembling a boiler, a New York justice held in an opinion posted Oct. 1 (Ernest G. Smith and Claudia Smith v. A.O. Smith Water Products, et al., No. 190299/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3473).
NEW YORK - A New York justice on Oct. 2 issued an order to show cause asking why the liquidation of a health maintenance organization should not be terminated (In the Matter of Cigna Healthcare of New York, Inc., No. 452836/2014, N.Y. Sup., New York Co.).
NEW YORK - Efforts by a senior trademark user to enjoin the use of "GoBank" by a junior user failed Oct. 5, when a New York federal judge found that five of eight confusion factors favor the junior user (Flushing Bank v. Green Dot Corporation, et al., No. 13-9120, S.D. N.Y.; 2015 U.S. Dist. LEXIS 135368).
NEW YORK - An insurer told a federal court in New York on Oct. 2 that it was amending its asbestos-bodily-injury-related reinsurance breach of contract complaint to update the name of the defendant (TIG Insurance Company v. Randall & Quilter Reinsurance Company, No. 15-cv-07024, S.D. N.Y.).
NEW YORK - The federal judge in New York presiding over the methyl tertiary butyl ether (MTBE) groundwater contamination lawsuit brought by the Commonwealth of Puerto Rico against Shell Oil Co. on Oct. 1 ruled that the defendant oil companies did not show that the statute of limitations has run on the commonwealth's claim (In re: Methyl Tertiary Butyl Ether [MTBE] Products Liability Litigation, MDL 1358, No. 00-1898, Commonwealth of Puerto Rico v. Shell Oil Co., et al., No. 07 Civ. 10470, S.D. N.Y.).
NEW YORK - Dismissal of a first amended complaint in a securities class action lawsuit is proper because the lead plaintiff failed to properly plead materiality in making its federal securities law claims, a federal judge in New York ruled Sept. 29 (In re Ply Gem Holdings Inc. Securities Litigation, No. 14-3577, S.D. N.Y.; 2015 U.S. Dist. LEXIS 131203).
NEW YORK - A pension plan must be reformed to provide the benefits reasonably expected by a class of plan participants as a result of the plan's misrepresentations, a New York federal judge said Sept. 29 after determining that the evidence submitted by the class plaintiffs fully supported their claims against the plan (Geoffrey Osberg v. Foot Locker Inc., et al., No. 07-1358, S.D. N.Y.; 2015 U.S. Dist. LEXIS 132054).
NEW YORK - A law firm on Sept. 30 announced that a group of Greek investors have formally filed an arbitration proceeding against the Republic of Cyprus, seeking damages related to a bailout and financial crisis in Cyprus.
BROOKLYN. N.Y. - A federal judge in New York on Sept. 30 awarded a tenant $587,078.98 for groundwater contamination damages that were caused by the negligence of her landlord (Helene K. Tobin v. Ivan Gluck, et al., Nos. 07-1605 and 11-3985, E.D. N.Y.; 2015 U.S. Dist. LEXIS 133812).
BROOKLYN, N.Y. - An insurer has a duty to defend an insured in underlying actions alleging property damage from the insured's demolition and excavation work, a New York federal judge ruled Sept. 29; however, the judge found that the duty-to-indemnify issue is premature (Scottsdale Insurance Co. v. United Industries & Construction Corp., No. 12-5732, E.D. N.Y.; 2015 U.S. Dist. LEXIS 133392).