LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Solar Energy Firms Ask New York Federal Court To Confirm $143M ICSID Award

NEW YORK - A United Kingdom entity and a Luxembourg company on May 19 filed a petition in a New York federal court, seeking to confirm a $143,302,395 international arbitral award issued in their favor and against the Kingdom of Spain (Eiser Infrastructure Limited, et al. v. Kingdom of Spain, No. 1:17-cv-03808, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Panel Reverses, Says Tenants In Lead-Paint Case May Compel Discovery From Landlord

NEW YORK - An appeals panel in New York on May 23 reversed a lower court's ruling and concluded that tenants who sued their landlord alleging injuries from exposure to lead-based paint had made a valid request to compel discovery pertaining to potential lead violations in the entire building where their apartment was located (Z.D., by her mother and natural guardian Zaimah A. v. MP Management LLC, No. 3436N, 26043/14, N.Y. Sup., App. Div., 1st Dept.; 2017 N.Y. App. Div. LEXIS 3989).

Mealey's Litigation Procedure - Injunctive Relief, Warranty Claims Dismissed In Supplements Labeling Suit

CHICAGO - An Illinois federal judge on May 19 denied motions to strike and granted in part and denied in part dismissal motions in a herbal supplement labeling suit, finding the plaintiffs may rely on testing conducted by the New York attorney general (NYAG) (In Re: Herbal Supplements Marketing and Sales Practices Litigation, No. 15-5070, N.D. Ill., 2017 U.S. Dist. LEXIS 76207).

Mealey's Litigation Procedure - Birth Defects Claims Against Drugmaker Doomed By Insufficient Expert Opinions

BROOKLYN, N.Y. - Two medical experts lack the qualifications and reliable methodology to opine that a mother's use of an anti-epileptic drug linked to birth defects caused her son's severe birth defects, so summary judgment for the drugmaker is warranted on the mother's failure-to-warn claims, a New York federal magistrate judge held May 22 (N.K., an infant, by his mother and natural guardian, Tanja Bruestle-Kumra v. Abbott Laboratories, No. 14-cv-4875, E.D. N.Y., 2017 U.S. Dist. LEXIS 77461).

Mealey's PI/Product Liability - Hernia Patch Case Dismissed For No Showing Of Causation, Product Defect

NEW YORK - A New York federal judge on May 22 dismissed a hernia patch lawsuit because the plaintiff failed to show that the device caused her alleged injuries and because she failed to allege that the device was defective (Judith Rincon v. Coviden, et al., No. 16-10033, S.D. N.Y., 2017 U.S. Dist. LEXIS 77458).

Mealey's Labor & Employment - 2nd Circuit Certifies New York State Law Disability Question To Appeals Court

NEW YORK - In a suit brought by two police officers who were directed to undergo treatment for alcoholism, a Second Circuit U.S. Court of Appeals panel on May 22 certified a question to the New York Court of Appeals to decide whether sections of the New York City Administrative Code preclude an individual from bringing a disability bias claims solely based on a perception of untreated alcoholism (Kathleen Makinen, et al. v. City of New York, et al., No. 16-973, 2nd Cir., 2017 U.S. App. LEXIS 8868).

Mealey's Labor & Employment - Class' New York State Wage Claims Are Transferred To California Federal Court

NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).

Mealey's Litigation Procedure - Class' New York State Wage Claims Are Transferred To California Federal Court

NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).

Mealey's Labor & Employment - 2nd Circuit Panel: Doctor's Suit Against Insurer Not Completely Preempted By ERISA

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 18 held that the Employee Retirement Income Security Act does not completely preempt an "out-of-network" health care provider's promissory estoppel claim against a health insurer where the provider did not receive a valid assignment for payment under the health care plan and received an independent promise from the insurer that he would be paid for certain medical services provided to the insured, saying that any legal duty the insurer has to reimburse the provider is independent and distinct from its obligations under the patient's plan (McCulloch Orthopaedic Surgical Services PLLC a/k/a Dr. Kenneth E. McCulloch v. Aetna Inc., et al., No. 15-2150, 2nd Cir., 2017 U.S. App. LEXIS 8694).

Mealey's PI/Product Liability - Justice Allows Addition Of Improperly Named Company To Maritime Asbestos Suit

NEW YORK - A man's maritime asbestos suit improperly naming a successor as a defendant put an independent corporation that operates as a subsidiary of the named defendant on notice that it was being sued, a New York justice held in an opinion posted May 18 (Joseph J. Crandley v. Farrell Lines Inc., et al., No. 190033/2017, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 1836).

Mealey's Toxic Tort/Environmental - Justice Allows Addition Of Improperly Named Company To Maritime Asbestos Suit

NEW YORK - A man's maritime asbestos suit improperly naming a successor as a defendant put an independent corporation that operates as a subsidiary of the named defendant on notice that it was being sued, a New York justice held in an opinion posted May 18 (Joseph J. Crandley v. Farrell Lines Inc., et al., No. 190033/2017, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 1836).

Mealey's Insurance - Rapid-American, Insurer Both Denied Judgment On Policy's Limits

NEW YORK - A New York federal bankruptcy judge on May 15 declined to award summary judgment to either Chapter 11 debtor Rapid-American Corp. or one of its insurers in a dispute over whether a policy has a $7 million or $14 million limit for asbestos liability claims, saying the policy is too ambiguous to interpret at this stage (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Bankruptcy - Rapid-American, Insurer Both Denied Judgment On Policy's Limits

NEW YORK - A New York federal bankruptcy judge on May 15 declined to award summary judgment to either Chapter 11 debtor Rapid-American Corp. or one of its insurers in a dispute over whether a policy has a $7 million or $14 million limit for asbestos liability claims, saying the policy is too ambiguous to interpret at this stage (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Litigation Procedure - Reinsurer Seeks Discovery On Post-Complaint Documents Relating To Coverage Issues

SYRACUSE, N.Y. - In an asbestos coverage dispute, a reinsurer on May 15 asked a New York federal court to reconsider a discovery ruling and to compel an insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Mealey's PI/Product Liability - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence or whether it simply reiterates the existing framework (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence or whether it simply reiterates the existing framework (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's Insurance - Reinsurer Seeks Discovery On Post-Complaint Documents Relating To Coverage Issues

SYRACUSE, N.Y. - In an asbestos coverage dispute, a reinsurer on May 15 asked a New York federal court to reconsider a discovery ruling and to compel an insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Mealey's IP/Tech - New York Federal Judge Says Trademark Complaint States Claim For Relief

NEW YORK - A New York federal judge on May 16 denied a defendant restaurateur's motion to dismiss a complaint that its use of trademarks infringes a pizza franchisor's trademark that predates the restaurateur's mark, finding that the complaint states a claim upon which relief can be granted (I.O.B. Realty Inc. v. Patsy's Brand Inc., et al., No. 1:16-cv-7682, S.D. N.Y., 2017 U.S. Dist. LEXIS 74108).

Mealey's Litigation Procedure - Summary Judgment Denied In Medical Record Charges Class Suit

ROCHESTER, N.Y. - A New York federal judge on May 15 denied a motion for partial summary judgment and response in opposition to a class certification motion filed by one of four defendants in a proposed class complaint alleging overcharging of patients for copies of their medical records (Ann McCracken et al. v. Verisma Systems, Inc., et al., No. 14-6248, W.D. N.Y., 2017 U.S. Dist. LEXIS 73666).

Mealey's Toxic Tort/Environmental - Justice Receives Briefing On Import Of New York Asbestos Causation Ruling

NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence or whether it simply reiterates the existing framework (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's Health Law - Judge Affirms Ruling Finding Conflict Between Fraud Defendant And Attorney

BUFFALO, N.Y. - A federal judge in New York on May 12 upheld a magistrate judge's decision finding that an attorney representing a man accused of health care fraud should be removed as his counsel due to a conflict of interest because the government intends to call him as a witness (United States of America v. Eugene Gosy, No. 16-cr-46-FPG, W.D. N.Y., 2017 U.S. Dist. LEXIS 72989).

Mealey's Labor & Employment - Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court

NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).

Mealey's Litigation Procedure - Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court

NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Denial Of Stay In ITC Patent Case

NEW YORK - Efforts by Comcast Corp. to enjoin patent allegations pending against it before the International Trade Commission (ITC) were again unsuccessful on May 15, when a New York federal judge refused to reconsider an earlier order denying a preliminary injunction (Comcast Corporation v. Rovi Corporation, No. 16-3852, S.D. N.Y., 2017 U.S. Dist. LEXIS 73669).

Mealey's Insurance - Judge Affirms Ruling Finding Conflict Between Fraud Defendant And Attorney

BUFFALO, N.Y. - A federal judge in New York on May 12 upheld a magistrate judge's decision finding that an attorney representing a man accused of health care fraud should be removed as his counsel due to a conflict of interest because the government intends to call him as a witness (United States of America v. Eugene Gosy, No. 16-cr-46-FPG, W.D. N.Y., 2017 U.S. Dist. LEXIS 72989).