LexisNexis® Legal Newsroom
Mealey's IP/Tech - New York Federal Judge Allows Patent Case Against J.P. Morgan To Proceed

NEW YORK - Although arguments by J.P. Morgan Chase & Co. (JPMC) that an accused product does not include a patent claim limitation as construed and agreed upon by the parties "has merit," a New York federal judge on July 21 nonetheless denied summary judgment of noninfringement (Intellectual Ventures II LLC v. J.P. Morgan Chase & Co., No. 13-3777, S.D. N.Y.; 2016 U.S. Dist. LEXIS 95351).

Mealey's Insurance - State Farm Awarded Judgment After Judge Finds Man Misrepresented Residency

ALLENTOWN, Pa. - State Farm Fire and Casualty Co.'s motion for judgment was granted July 21 by a federal judge in Pennsylvania who found that the insurer could deny a man's claim under his automobile policy because he misrepresented that he was a resident of New York rather than Pennsylvania (State Farm Fire and Casualty Company v. Gregory A. Hancle, et al., No. 14-6140, E.D. Pa.; 2016 U.S. Dist. LEXIS 95084).

Mealey's Insurance - Judge Ends Reinsurer's Mooted Motion To Amend Its Pleadings

SYRACUSE, N.Y. - A federal judge in New York on July 18 terminated as moot a reinsurer's motion to amend its pleadings to withdraw its Bellefonte-based defenses and claims (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit Says Court Did Not Err In Decertifying Class Of Borrowers

NEW YORK - The Second Circuit U.S. Court of Appeals on July 15 affirmed a district court's decision to decertify a class of claimants that asserted a claim for breach of contract against lenders in relation to alleged late fees, finding that it had the authority to decertify the class after a jury verdict and that the plaintiffs failed to meet federal requirements for certifying a class (Joseph Mazzei, et al. v. The Money Store, et al., No. 15-2054, 2nd Cir.; 2016 2016 U.S. App. LEXIS 12994).

Mealey's Insurance - Judge Grants Reinsured Insurer $940,433 In Prejudgment Interest

ALBANY, N.Y. - A federal judge in New York issued a summary order on July 14 ordering a reinsurer to pay its reinsured nearly $1 million in prejudgment interest on a nearly $6 million principal award regarding an asbestos-related settlement agreement between the reinsured and its insured (Utica Mutual Insurance Co. v. Clearwater Insurance Co., No. 13-1178, N.D. N.Y.; 2016 U.S. Dist. LEXIS 91413).

Mealey's Banking & Finance - 2nd Circuit Says Court Did Not Err In Decertifying Class Of Borrowers

NEW YORK - The Second Circuit U.S. Court of Appeals on July 15 affirmed a district court's decision to decertify a class of claimants that asserted a claim for breach of contract against lenders in relation to alleged late fees, finding that it had the authority to decertify the class after a jury verdict and that the plaintiffs failed to meet federal requirements for certifying a class (Joseph Mazzei, et al. v. The Money Store, et al., No. 15-2054, 2nd Cir.; 2016 2016 U.S. App. LEXIS 12994).

Mealey's IP/Tech - New York Federal Judge Sides With Fashion Website In Copyright Dispute

NEW YORK - Applying Cartoon Network LP v. CSC Holdings, Inc. (536 F.3d 121, 130 [2nd Cir. 2008]) (Cablevision) and related cases, a New York federal judge on July 15 concluded that "no reasonable juror" could find that a defendant Internet service provider "acted volitionally" when it hosted an online community that allowed users to save and display copyrighted photographs (BWP Media USA Inc. v. Polyvore Inc., No. 13-7867, S.D. N.Y.; 2016 U.S. Dist. LEXIS 92121).

Mealey's Bankruptcy - 2nd Circuit Panel Revives Ignition Switch Claims Against General Motors

NEW YORK - People who were allegedly injured as a result of defective General Motors ignition switches in automobiles made before its 2009 bankruptcy can now sue the company, a Second Circuit U.S. Court of Appeals panel ruled July 13 (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848, 2nd Cir.; 2016 U.S. App. LEXIS 12848).

Mealey's Litigation Procedure - Cargill Seeks Dismissal Of Appeal Related To Mexico Resort Project

NEW YORK - Cargill Inc. on July 12 argued before the Second Circuit U.S. Court of Appeals that a district court's order granting is motion to dismiss claims asserted against it in relation to the construction and operation of a resort in Mexico should be affirmed in its entirety (Desarrolladora Farallon S. DE R.L. DE C.V. v. Cargill Inc., No. 15-4164, 2nd Cir.).

Mealey's Labor & Employment - New York Federal Judge Denies Remand, Rules For Union Fund

ALBANY, N.Y. - A New York federal judge on July 12 denied a motion to remand a case against SEIU Local 200 United Benefit Fund alleging breach of fiduciary duty and granted Local 200's cross-motion for judgment on the pleadings (Kevin Boyle, et al. v. SEIU Local 200 United Benefit Fund, et al., No. 5:15-cv-517, N.D. N.Y.; 2016 U.S. Dist. LEXIS 89810).

Mealey's Litigation Procedure - 2nd Circuit: Microsoft Cannot Be Subpoenaed To Produce Irish-Based Emails

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 14 ruled that a warrant issued under the Stored Communications Act (SCA) cannot be applied extraterritorially to require Microsoft Corp. to produce a customer's emails that were stored on a server in Ireland (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.; 2016 U.S. App. LEXIS 12926).

Mealey's PI/Product Liability - 2nd Circuit Panel Revives Ignition Switch Claims Against General Motors

NEW YORK - People who were allegedly injured as a result of defective General Motors ignition switches in automobiles made before its 2009 bankruptcy can now sue the company, a Second Circuit U.S. Court of Appeals panel ruled July 13 (In Re: Motors Liquidation Company, Nos. 15-2844, 15-2847 and 15-2848, 2nd Cir.; 2016 U.S. App. LEXIS 12848).

Mealey's Litigation Procedure - Defendants' Arguments In Favor Of Dismissal Lack Merit, Shareholders Say

BROOKLYN, N.Y. - Defendants in a securities class action lawsuit have failed to show that dismissal is warranted because their arguments in favor of dismissal "lack merit," shareholders argue in a July 11 opposition brief filed in New York federal court (Saleh Altayyar, et al. v. Etsy Inc., et al., No. 15-2785, E.D. N.Y.).

Mealey's Banking & Finance - Judge: Facebook IPO Class Action Claims Fall Under Professional Services Exclusion

NEW YORK - A New York federal judge on July 12 held that a directors and officers liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit but refused to grant summary judgment to the primary D&O insurer on a breach of contract claim involving the advancement of underlying defense costs (Beazley Insurance Co. Inc. v. ACE American Insurance Co., et al., No. 15-5119, S.D. N.Y.; 2016 U.S. Dist. LEXIS 90332).

Mealey's Securities/D&O Liability - Defendants' Arguments In Favor Of Dismissal Lack Merit, Shareholders Say

BROOKLYN, N.Y. - Defendants in a securities class action lawsuit have failed to show that dismissal is warranted because their arguments in favor of dismissal "lack merit," shareholders argue in a July 11 opposition brief filed in New York federal court (Saleh Altayyar, et al. v. Etsy Inc., et al., No. 15-2785, E.D. N.Y.).

Mealey's Insurance - Judge: Facebook IPO Class Action Claims Fall Under Professional Services Exclusion

NEW YORK - A New York federal judge on July 12 held that a directors and officers liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit but refused to grant summary judgment to the primary D&O insurer on a breach of contract claim involving the advancement of underlying defense costs (Beazley Insurance Co. Inc. v. ACE American Insurance Co., et al., No. 15-5119, S.D. N.Y.; 2016 U.S. Dist. LEXIS 90332).

Mealey's Litigation Procedure - Reinsurer Says It Wants Access To Sealed Documents In Asbestos Related Case

SYRACUSE, N.Y. - A nonparty reinsurer involved in a similar asbestos-related case as the instant action told a federal court in New York on July 10 that the method of an insurer's attempts to restrict the reinsurer's access to certain sealed documents is contrary to controlling case law (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).

Mealey's Insurance - Reinsurer Says It Wants Access To Sealed Documents In Asbestos-Related Case

SYRACUSE, N.Y. - A nonparty reinsurer involved in a similar asbestos-related case as the instant action told a federal court in New York on July 10 that the method of an insurer's attempts to restrict the reinsurer's access to certain sealed documents is contrary to controlling case law (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).

Mealey's Insurance - 2nd Circuit Affirms Woman's Conviction For Role In Insurance Fraud Scheme

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 12 affirmed a woman's convictions for conspiracy to commit health care fraud, health care fraud and mail fraud, holding that the evidence presented at trial sufficiently showed that she was an owner of medical practices that routinely submitted false claims for reimbursement under New York's No-Fault Comprehensive Motor Vehicle Insurance Reparation Act (United States of America v. Tatyana Gabinskaya, et al., No. 15-776-cr, 2nd Cir.; 2016 U.S. App. LEXIS 12776).

Mealey's IP/Tech - Lanham Act Dispute Over Online Criticism Will Proceed In New York

NEW YORK - Allegations by the maker of the anti-malware program "SpyHunter" that a computer support website violated the Lanham Act by making false and defamatory statements online survived a motion to dismiss July 8, when a New York federal judge ruled that the case should proceed in part (Enigma Software Group USA LLC v. Bleeping Computer LLC, No. 16-57, S.D. N.Y.; 2016 U.S. Dist. LEXIS 89160).

Mealey's IP/Tech - Terror Victims' Families Seek $1 Billion For Facebook's Support Of Hamas Attacks

NEW YORK - In a complaint filed July 10 in the U.S. District Court for the Southern District of New York, a group of family members of terror attack victims allege that Facebook Inc. "knowingly provided material support and resources to" Palestinian terrorist organization Hamas through its social network and communications platforms in violation of the Antiterrorism Act (ATA) (Stuart Force, et al. v. Facebook Inc., No. 1:16-cv-05490, S.D. N.Y.).

Mealey's Insurance - Insured Petitions For Rehearing; Says Panel Erred In Ruling No Defense Owed

NEW YORK - An insured filed a motion for rehearing on July 7 in the Second Circuit U.S. Court of Appeals, arguing that the panel failed to consider applicable Massachusetts law when it ruled that an insurer does not have a duty to defend the against an underlying environmental contamination suit (The Narragansett Electric Co. v. Century Indemnity Co., et al., Nos. 15-1137, 15-1397, 2nd Cir.).

Mealey's PI/Product Liability - Court Vacates Judgment On $3 Million Asbestos Verdict

BUFFALO, N.Y. - Crane Co. is entitled to a new trial on the issue of whether it acted with reckless disregard for others, leaving it jointly and severally liable for a $3 million asbestos verdict, a New York appeals court held July 8 in otherwise rejecting the company's challenges (In the Matter of the Eighth Judicial District Asbestos Litigation, Beth Ann Pienta, et al. v. A.W. Chesterton Co., et al., No. 15-01240, N.Y. Sup., App. Div., 4th Dist.; 2016 N.Y. App. Div. LEXIS 5315).

Mealey's Toxic Tort/Environmental - Court Vacates Judgment On $3 Million Asbestos Verdict

BUFFALO, N.Y. - Crane Co. is entitled to a new trial on the issue of whether it acted with reckless disregard for others, leaving it jointly and severally liable for a $3 million asbestos verdict, a New York appeals court held July 8 in otherwise rejecting the company's challenges (In the Matter of the Eighth Judicial District Asbestos Litigation, Beth Ann Pienta, et al. v. A.W. Chesterton Co., et al., No. 15-01240, N.Y. Sup., App. Div., 4th Dist.; 2016 N.Y. App. Div. LEXIS 5315).

Mealey's Litigation Procedure - Insurer Says Reinsurer From Different Case Has No Right To See Sealed Documents

SYRACUSE, N.Y. - An insurer told a federal court in New York on July 5 that a non-party reinsurer involved in a similar asbestos reinsurance dispute does not have the right to see documents sealed in the instant action (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).