LexisNexis® Legal Newsroom
Mealey's IP/Tech - 2nd Circuit Finds Google Library Project To Be Fair Use, Noninfringing

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.).

Mealey's Insurance - Pennsylvania Federal Judge Says Choice Of Law Ruling Will Not Be Changed

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).

Mealey's Securities/D&O Liability - Panel: Plaintiff Failed To Plead Reliance In Making Securities Law Claims

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).

Mealey's PI/Product Liability - N.Y. Justice Awards $5.6M In Uncontested Asbestos Trial Against Mining Company

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.).

Mealey's Labor & Employment - N.Y. Justice Awards $5.6M In Uncontested Asbestos Trial Against Mining Company

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.).

Mealey's Toxic Tort/Environmental - N.Y. Justice Awards $5.6M In Uncontested Asbestos Trial Against Mining Company

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.).

Mealey's IP/Tech - Microsoft To 2nd Circuit: European Ruling Supports Vacating Email Subpoena

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.).

Mealey's PI/Product Liability - Crane Co. Can't Escape Replacement Parts Suit, New York Justice Says

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).

Mealey's IP/Tech - Legal Malpractice Claim Stemming From Failed Copyright Action Dismissed

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).

Mealey's Litigation Procedure - Microsoft To 2nd Circuit: European Ruling Supports Vacating Email Subpoena

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.).

Mealey's Toxic Tort/Environmental - Crane Co. Can't Escape Replacement Parts Suit, New York Justice Says

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).

Mealey's Litigation Procedure - Federal Judge Orders Turnover Of Stock Certificates To Satisfy Award

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).

Mealey's PI/Product Liability - Judge Finds Boiler Disassembly Foreseeable, Denies Bid For Summary Judgment

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).

Mealey's Insurance - New York Justice Asks For Input Regarding Termination Of HMO's Liquidation

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.).

Mealey's IP/Tech - Federal Judge: Reverse Confusion Not Shown In Trademark Case

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).

Mealey's Toxic Tort/Environmental - Judge Finds Boiler Disassembly Foreseeable, Denies Bid For Summary Judgment

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).

Mealey's Insurance - Insurer Changes Name Of Defendant In Asbestos- Related Reinsurance Case

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.).

Mealey's Toxic Tort/Environmental - Judge: Oil Companies Fail To Show Statute Of Limitations Bars MTBE Claims

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.).

Mealey's Litigation Procedure - Judge: Pension Fund Failed To Plead Materiality In Making Securities Law Claims

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).

Mealey's Litigation Procedure - New York Federal Judge Determines Pension Plan Must Be Reformed

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).

Mealey's Litigation Procedure - Hundreds Of Greek Investors File ICSID Arbitration Against Cyprus

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.

Mealey's Toxic Tort/Environmental - Judge Awards $587,078.98 To Tenant; Landlord Liable For Tainted Groundwater

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).

Mealey's Insurance - Insurer Has Duty To Defend Claims Arising From Insured's Demolition Work, Judge Says

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).

Mealey's Labor & Employment - New York Federal Judge Determines Pension Plan Must Be Reformed

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).

Mealey's Securities/D&O Liability - Judge: Pension Fund Failed To Plead Materiality In Making Securities Law Claims

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).