LexisNexis® Legal Newsroom
Mealey's IP/Tech - New York Federal Judge Denies Attorney Fee Award In Copyright Case

NEW YORK - A voluntary dismissal by a copyright infringement plaintiff two months after filing suit did not render a defendant in the action a prevailing party, a New York federal judge ruled Feb. 22 (Matthew McDermott v. Monday Monday LLC, No. 17-9230, S.D. N.Y., 2018 U.S. Dist. LEXIS 28664).

Mealey's Litigation Procedure - Harvey Weinstein, Other Defendants Seek Dismissal Of RICO Class Complaint

NEW YORK - Harvey Weinstein and the other defendants in a New York federal lawsuit alleging that Weinstein flashed, fondled, assaulted and raped multiple women filed separate motions on Feb. 20 seeking dismissal of the class complaint alleging violations of the Racketeer Influenced and Corrupt Organizations Act, battery assault and emotional distress (Louisette Geiss, et al. v. The Weinstein Company Holdings LLC, et al., No. 17-9554, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Plaintiffs Showed Companies Owed A Duty Of Care For Tainted Aquifer, Judge Says

ALBANY, N.Y. - A federal judge in New York on Feb. 20 partially granted and partially denied a motion to dismiss a groundwater contamination lawsuit, ruling that the plaintiffs showed that the chemical company defendants have a duty to businesses within the area of contamination that have suffered economic losses as a result of the tainted aquifer (R.M. Bacon LLC v. Saint-Gobain Performance Plastics Corp., et al., No. 17-0441, N.D. N.Y.; 2018 U.S. Dist. LEXIS 26299).

Mealey's Insurance - New York Panel: Armored Car Company's Insurer Is Not Liable For Jewelry Loss

NEW YORK - A New York appeals panel on Feb. 20 affirmed a lower court's ruling that an armored car company's insurer has no duty to compensate a freight carrier and its insurer for the loss of a gold jewelry shipment that was transported by its insured (AXA Winterthur Insurance Co. v Transvalue, Inc., et al., No. 4132, 650507/11, N.Y. Sup., App. Div., 1st Dept., 2018 N.Y. App. Div. LEXIS 1154).

Mealey's Toxic Tort/Environmental - EPA's Request To Stay New York Water Quality Standards Suit Denied

NEW YORK - A federal judge in New York on Feb. 20 denied the U.S. Environmental Protection Agency's motion to stay proceedings in a suit over whether it failed to comply with its requirement under the Clean Water Act to approve or disapprove water quality standards submitted by the state, finding that nine environmental groups would be prejudiced by the delay (Riverkeeper Inc., et al. v. Scott Pruitt, et al., No. 17-CV-4916, S.D. N.Y., 2018 U.S. Dist. LEXIS 26960).

Mealey's PI/Product Liability - New York Top Court To Decide If Coke Oven Falls Under Asbestos Products Liability

BUFFALO, N.Y. - New York's top court on Feb. 15 agreed to hear a dispute over whether a contract involving coke oven batteries are products for the purposes of an asbestos products liability action or whether the construction project constituted services (In the matter of the Eighth Judicial District Asbestos Litigation, Donald J. Terwilliger, et al. v. Beazer East Inc., et al., No. APL-2018-00023, N.Y. App., 2018 N.Y. LEXIS 187).

Mealey's Toxic Tort/Environmental - New York Top Court To Decide If Coke Oven Falls Under Asbestos Products Liability

BUFFALO, N.Y. - New York's top court on Feb. 15 agreed to hear a dispute over whether a contract involving coke oven batteries are products for the purposes of an asbestos products liability action or whether the construction project constituted services (In the matter of the Eighth Judicial District Asbestos Litigation, Donald J. Terwilliger, et al. v. Beazer East Inc., et al., No. APL-2018-00023, N.Y. App., 2018 N.Y. LEXIS 187).

Mealey's IP/Tech - Divided 2nd Circuit: Assignment Did Not Confer Standing In Copyright Case

NEW YORK - Allegations that John Wiley & Sons Inc. exceeded the terms of its license to use certain photographs in textbooks and other educational materials were properly rejected on summary judgment because the plaintiff in the action - a purported assignee of the photographers' rights to sue - lacks standing to maintain an infringement action, a divided Second Circuit U.S. Court of Appeals ruled Feb. 16 (John Wiley & Sons Inc. v. DRK Photo, No. 15-1134, 2nd Cir., 2018 U.S. App. LEXIS 3758).

Mealey's Bankruptcy - Insurer's Liquidator Has No Interest To Land, New York Bankruptcy Judge Says

WHITE PLAINS, N.Y. - Reversionary interests in land parcels are property of a reorganized debtor, and an insurer's liquidator is precluded from interfering with those interests, a New York federal bankruptcy judge ruled Feb. 15, ordering transfer of title to the reorganized debtor (In re: Frontier Insurance Group Inc., et al., Chapter 11, No. 05-36877, Benjamin Lawsky v. Frontier Insurance Group LLC, et al., Adv. Pro. No. 14-9022, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 442).

Mealey's Banking & Finance - Bank Of New York Seeks Foreclosure In Delaware Court

WILMINGTON, Del. - A bank on Feb. 15 filed a complaint in a Delaware court, requesting that it enter an order foreclosing on a property (The Bank of New York Mellon v. Fred A. Bassano, No. 18L-02-067, Del. Super).

Mealey's Insurance - Insurer's Liquidator Has No Interest To Land, New York Bankruptcy Judge Says

WHITE PLAINS, N.Y. - Reversionary interests in land parcels are property of a reorganized debtor, and an insurer's liquidator is precluded from interfering with those interests, a New York federal bankruptcy judge ruled Feb. 15, ordering transfer of title to the reorganized debtor (In re: Frontier Insurance Group Inc., et al., Chapter 11, No. 05-36877, Benjamin Lawsky v. Frontier Insurance Group LLC, et al., Adv. Pro. No. 14-9022, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 442).

Mealey's Litigation Procedure - Class: Life Insurer, Private Investment Firm Unlawfully Raised Prices In Policies

NEW YORK - A life insurer and a private investment firm, which acquired the insurer, unlawfully increased the cost of premiums to recoup costs associated with the acquisition, among other reasons, plaintiffs allege in a Feb. 13 class action filed in a New York federal court (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).

Mealey's Litigation Procedure - Federal Judge Grants Class Certification In NYU Retirement Plan Dispute

NEW YORK - A New York federal judge on Feb. 13 granted a motion for class certification in a lawsuit alleging that New York University (NYU) breached its duty of prudence under the Employee Retirement Income Security Act in its administration and management of its retirement plan (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 16-6284, S.D. N.Y., 2018 U.S. Dist. LEXIS 23540).

Mealey's Litigation Procedure - 2nd Circuit Denies Petition For Appeal Of Class Certification Grant

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 13 denied a retirement plan's administrative and investment committees' petition for permission to appeal the grant of class certification in a breach of fiduciary duty case in which the investors claim that the defendants selected company-affiliated mutual funds as plan investments rather than other better-performing mutual funds, finding that immediate appeal is unwarranted (Marya J. Leber v. Citigroup, Inc., et al., No. 07-9329, 2nd Cir.).

Mealey's PI/Product Liability - Expert's Prior Exclusion Not Relevant To Admissibility Inquiry, Magistrate Says

NEW YORK - A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert's testimony (Craig Thomas v. YRC Inc., et al., No. 16-cv-6105, S.D. N.Y., 2018 U.S. Dist. LEXIS 24384).

Mealey's IP/Tech - Composer's Assignee Tells 2nd Circuit Italian Film Scores Were Not Works For Hire

NEW YORK - Arguing about differences in Italian and U.S. copyright law, a composer's copyright assignee tells the Second Circuit U.S. Court of Appeals in a Feb. 14 brief that a trial court incorrectly concluded that film scores written on commission in Italy are equivalent to works for hire in the United States (Ennio Morricone Music Inc. v. Bixio Music Group Ltd., No. 17-3595, 2nd Cir.).

Mealey's Insurance - Class: Life Insurer, Private Investment Firm Unlawfully Raised Prices In Policies

NEW YORK - A life insurer and a private investment firm, which acquired the insurer, unlawfully increased the cost of premiums to recoup costs associated with the acquisition, among other reasons, plaintiffs allege in a Feb. 13 class action filed in a New York federal court (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).

Mealey's Labor & Employment - Sports Broadcaster Sues Don Imus, Others For Age Discrimination

NEW YORK - Sports broadcaster Warner Wolf filed an age discrimination complaint on Feb. 15 in a New York state court, his attorneys announced, against radio personality Don Imus and other former employers after he was abruptly fired and replaced with a sportscaster decades younger (Warner Wolf v. Don Imus, et al., No. N/A, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - 2nd Circuit Denies Petition For Appeal Of Class Certification Grant

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 13 denied a retirement plan's administrative and investment committees' petition for permission to appeal the grant of class certification in a breach of fiduciary duty case in which the investors claim that the defendants selected company-affiliated mutual funds as plan investments rather than other better-performing mutual funds, finding that immediate appeal is unwarranted (Marya J. Leber v. Citigroup, Inc., et al., No. 07-9329, 2nd Cir.).

Mealey's Labor & Employment - Federal Judge Grants Class Certification In NYU Retirement Plan Dispute

NEW YORK - A New York federal judge on Feb. 13 granted a motion for class certification in a lawsuit alleging that New York University (NYU) breached its duty of prudence under the Employee Retirement Income Security Act in its administration and management of its retirement plan (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 16-6284, S.D. N.Y., 2018 U.S. Dist. LEXIS 23540).

Mealey's Litigation Procedure - Expert's Prior Exclusion Not Relevant To Admissibility Inquiry, Magistrate Says

NEW YORK - A biomechanical engineer is not precluded from testifying in a personal injury action over a car crash just because his opinions were stricken in another recent auto accident case, a New York federal magistrate judge ruled Feb. 14 in denying a bid by the injured driver to exclude the expert's testimony (Craig Thomas v. YRC Inc., et al., No. 16-cv-6105, S.D. N.Y., 2018 U.S. Dist. LEXIS 24384).

Mealey's IP/Tech - Plaintiff Partly Prevails In New York Copyright Dispute Over Embedded Tweets

NEW YORK - Breitbart News Network, Time Inc. and other online publishers were dealt a blow Feb. 15 when a New York federal judge ruled that tweets embedded in news stories can form the basis of a copyright infringement claim (Justin Goldman v. Breitbart News Network Inc., et al., No. 17-3144, S.D. N.Y., 2018 U.S. Dist. LEXIS 25215).

Mealey's Insurance - Rapid-American Denied Protective Order For Insurers' Subpoenas

NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).

Mealey's Litigation Procedure - Rapid-American Denied Protective Order For Insurers' Subpoenas

NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).

Mealey's Bankruptcy - Rapid-American Denied Protective Order For Insurers' Subpoenas

NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).