NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).
SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on March 17 for permission to file a letter motion asking the court to disqualify certain trial witnesses that were not revealed until after the end of discovery or, in the alternative, allow the reinsurer to depose the witnesses (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, and Munich Reinsurance America, Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
NEW YORK - A New York justice refused to impose a heeding presumption in an asbestos trial in an opinion posted March 20, saying that absent evidence that a cigarette user who ignored tobacco warnings would have acted differently in the asbestos context, she would not impose such a standard (Donna Castorina, et al. v. A.C.&S., et al., No. 123077/01, N.Y. Sup., New York Co.).
NEW YORK - A New York federal judge on March 17 confirmed a $5,733,023 arbitral award issued in favor of a United Arab Emirates (UAE) company in a dispute over the termination of a food distribution agreement, but refused to award it sanctions, finding that the other party's motion to vacate the award was not frivolous (Al Maya Trading Establishment v. Global Export Marketing Co. Ltd., No. 16-CV-2140, S.D. N.Y., 2017 U.S. Dist. LEXIS 39192).
NEW YORK - The clerk of a federal court in New York on March 16 issued a certificate of default against a holding company that is allegedly responsible for obligations under certain facultative reinsurance contracts (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., Trygvesta Forsikring A/S v. Cerberus Holding Company, LLC., No. 16-cv-04874, S.D. N.Y.).
NEW YORK - Underwriters Royal Bank of Scotland Securities Inc., Deutsche Bank Securities Inc. and Wells Fargo Advisors LLC on March 15 agreed to pay a combined $165 million to settle claims that they took part in a fraudulent scheme to misrepresent the underwriting standards they used in the offering documents for a series of mortgage-backed securities (MBS) (New Jersey Health Fund v. Royal Bank of Scotland Group PLC, et al., No. 08-5310, S.D. N.Y.).
BROOKLYN, N.Y. - Shareholders in a securities class action lawsuit against the operator of an online marketplace and certain of its executive officers have failed to show that the defendants issued any material misrepresentations or omission or acted with the requisite scienter, a federal judge in New York ruled March 16 in granting the defendants' motion to dismiss (Saleh Altayyar, et al. v. Etsy Inc., et al., No. 15-2785, E.D. N.Y.).
NEW YORK - While noting that it is not prudent law or policy, New York appellate panel on March 15 said a trial court was right to grant summary judgment to a man who was sued because his dog caused an injury to a pedestrian even though the dog was not vicious because New York law does not allow for negligence claims to be brought against a dog's owner when the dog did not attack the plaintiff (Gregory Scavetta, et al. v. Stuart Wechsler, No. 155262/14 2235, N.Y. Sup., App. Div., 1st Dept. 2017 N.Y. App. Div. LEXIS 1943).
NEW YORK - Parties in the 37-day-old Eliquis multidistrict litigation on March 16 told the judge they disagree whether a preemption ruling in one case will be dispositive of all cases in the litigation (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754, No. 17-md-2754, S.D. N.Y.).
NEW YORK - A New York federal judge on March 16 granted summary judgment to Zimmer Inc. and Pioneer Surgical Technology Inc. after finding that a doctor was an informed intermediary and knew that a cable used in a femur fracture repair could break (Mary Tomaselli, et al. v. Zimmer, Inc., et al., No. 14-4474, S.D. N.Y., 2017 U.S. Dist. LEXIS 37203).
SYRACUSE, N.Y. - A New York federal judge on March 14 denied an insured's motion to reconsider a ruling in favor of an insurer in her lawsuit seeking coverage for structural damage to her home under a standard flood insurance policy (SFIP) (Marie Clifford v. Preferred Mutual Insurance Co., No. 12-1331, N.D. N.Y., 2017 U.S. Dist. LEXIS 35860).
ROCHESTER, N.Y. - A New York federal judge on March 15 dismissed a claim of breach of implied covenant of good faith and fair dealing in a dispute over who pays for injuries to a construction subcontractor employee (Nazareth College of Rochester, et al. v. Harleysville Preferred Insurance Co., No. 16-6418, W.D. N.Y., 2017 U.S. Dist. LEXIS 37050).
NEW YORK - A group of reinsurance companies and individuals sued an insurer in a New York state court on March 10, seeking indemnification from the insurer for various governments' financial department investigations (Beechwood Re Holdings, Inc., et al. v. Starr Indemnity & Liability Company, No. 651263/2017, N.Y. Super., New York Co.).
SYRACUSE, N.Y. - An insurer and its reinsurer agreed to the dismissal of their asbestos-related breach of contract dispute in a federal court in New York on March 15 (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 13-cv-01332, N.D. N.Y.).
NEW YORK- In a joint statement filed with the U.S. District Court for the Southern District of New York, an Indian telecommunications provider on March 13 said that it will pay a Japanese telecommunications company a $1.7 billion arbitral award pursuant to a settlement and requested that the case be stayed pending approval of the agreement between the parties by an Indian court (NTT Docomo Inc. v. Tata Sons Limited, No. 1:16-cv-7809, S.D. N.Y.).
FORT LAUDERDALE, Fla. - In a March 14 motion in Florida federal court, New York media firm Buzzfeed Inc. seeks dismissal of a defamation lawsuit over its January online publication of an article over purported Russian attempts to hack the Democratic National Committee (DNC), asserting a lack of jurisdiction because the dispute "has nothing to do with Florida" (Aleksej Gubarev, et al. v. Buzzfeed Inc., et al., No. 0:17-cv-60426, S.D. Fla.).
NEW YORK - Bayer HealthCare Pharmaceuticals Inc. on March 8 told the Second Circuit U.S. Court of Appeals that the Mirena multidistrict litigation court did not err in excluding the plaintiffs' three causation expert witnesses and said the plaintiffs' "proof of general causation" is legally inadequate (In Re Mirena IUD Products, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals Incorporated, No. 16-3012, 2nd Cir.).