LexisNexis® Legal Newsroom
Mealey's IP/Tech - New York Federal Judge Grants Dismissal Of Pro Se Copyright Case

SYRACUSE, N.Y. - An artist's allegation of copyright infringement in connection with an image of him taken without permission while carrying two of his own paintings were dismissed Nov. 30 by a New York federal judge (Earl Swanigan v. Kenneth Young, et al., No. 15-1272, N.D. N.Y.; 2016 U.S. Dist. LEXIS 165591).

Mealey's Litigation Procedure - Institutional Investor Group Appointed Lead Plaintiff In Securities Class Action

NEW YORK - A group of institutional investors has met all statutory requirements to serve as lead plaintiff in a securities class action against a real estate investment trust and several of its former executive officers and directors, a federal magistrate judge in New York ruled Nov. 29 (Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group Inc., et al., No. 16-2400, S.D. N.Y.; 2016 U.S. Dist. LEXIS 164682).

Mealey's Litigation Procedure - Policyholder Is Entitled To Limited Number Of Underwriting Files

BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 30 ruled that an insured is entitled to underwriting and claims files for a limited number of its London Market Insurers to determine if nonduplicative documents exists among the policies issued by the London Market Insurers to the insured (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 14-4717, E.D. N.Y.; 2016 U.S. Dist. LEXIS 165967).

Mealey's Insurance - Policyholder Is Entitled To Limited Number Of Underwriting Files

BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 30 ruled that an insured is entitled to underwriting and claims files for a limited number of its London Market Insurers to determine if nonduplicative documents exists among the policies issued by the London Market Insurers to the insured (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 14-4717, E.D. N.Y.; 2016 U.S. Dist. LEXIS 165967).

Mealey's Litigation Procedure - Damages Expert Barred From Opining On Certain Damages In Agreement Dispute, Judge Says

NEW YORK - A damages expert is excluded from testifying on a credit card company's damages for additional issuing and acquiring opportunities from a termination of a deal with MasterCard International Inc., a New York federal judge ruled Nov. 29, also granting summary judgment in part to MasterCard on a breach of contract claim (International Cards Company Ltd. v. MasterCard International Inc., No. 13-2576, S.D. N.Y.; 2016 U.S. Dist. LEXIS 165225).

Mealey's Securities/D&O Liability - Institutional Investor Group Appointed Lead Plaintiff In Securities Class Action

NEW YORK - A group of institutional investors has met all statutory requirements to serve as lead plaintiff in a securities class action against a real estate investment trust and several of its former executive officers and directors, a federal magistrate judge in New York ruled Nov. 29 (Westchester Putnam Counties Heavy & Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group Inc., et al., No. 16-2400, S.D. N.Y.; 2016 U.S. Dist. LEXIS 164682).

Mealey's Litigation Procedure - Reinsurer Says It May Need To Depose 20 Current And Former Insurance Employees

SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Nov. 28 to intervene in a number of discovery disputes with an insurer, notably asking that the court allow it to depose up to 20 current and former employees and agents of the insurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).

Mealey's Litigation Procedure - Policyholder Is Entitled To Documents Sought In Contamination Dispute

BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 23 granted an insured's motion to compel the production of documents in an environmental contamination coverage dispute after determining that the insured has shown a need for the requested documents and that the request was not overly burdensome (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 16-2778, E.D. N.Y.; 2016 U.S. Dist. LEXIS 162783).

Mealey's Insurance - Reinsurer Says It May Need To Depose 20 Current And Former Insurance Employees

SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Nov. 28 to intervene in a number of discovery disputes with an insurer, notably asking that the court allow it to depose up to 20 current and former employees and agents of the insurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).

Mealey's Insurance - Policyholder Is Entitled To Documents Sought In Contamination Dispute

BROOKLYN, N.Y. - A New York federal magistrate judge on Nov. 23 granted an insured's motion to compel the production of documents in an environmental contamination coverage dispute after determining that the insured has shown a need for the requested documents and that the request was not overly burdensome (Certain Underwriters at Lloyd's, et al., v. National Railroad Passenger Corp., et al., No. 16-2778, E.D. N.Y.; 2016 U.S. Dist. LEXIS 162783).

Mealey's Insurance - Insured Timely Notified Insurer Of Only 1 Pending Suit, Federal Judge Says

NEW YORK - A New York federal judge on Nov. 21 amended a prior ruling entered in favor of an insured to clarify that the insured timely notified the insurer of only one underlying suit pending against it and not two suits pending against it (Olin Corp. v. Insurance Company of North America, et al., No. 84-1968, S.D. N.Y.; 2016 U.S. Dist. LEXIS 161542).

Mealey's Insurance - New York Federal Judge Remands Disability Case To Aetna Life Insurance

ROCHESTER, N.Y. - A New York federal judge in an opinion filed Nov. 18 granted partial summary judgment to a man whose long-term disability claims were denied, saying that the defendants failed to adequately explain all of the reasons for denying the claim in violation of the Employee Retirement Income Security Act (Charles Standish v. Federal Express Corp. Long Term Disability Plan, et al., No. 6:15-cv-6226, W.D. N.Y.; 2016 U.S. Dist. LEXIS 160093).

Mealey's PI/Product Liability - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of James R. Diegelman, et al. v. City of Buffalo, et al., No. 168, N.Y. App.).

Mealey's Labor & Employment - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of James R. Diegelman, et al. v. City of Buffalo, et al., No. 168, N.Y. App.).

Mealey's Labor & Employment - New York Federal Judge Remands Disability Case To Aetna Life Insurance

ROCHESTER, N.Y. - A New York federal judge in an opinion filed Nov. 18 granted partial summary judgment to a man whose long-term disability claims were denied, saying that the defendants failed to adequately explain all of the reasons for denying the claim in violation of the Employee Retirement Income Security Act (Charles Standish v. Federal Express Corp. Long Term Disability Plan, et al., No. 6:15-cv-6226, W.D. N.Y.; 2016 U.S. Dist. LEXIS 160093).

Mealey's Litigation Procedure - New York Federal Judge Recommends Settlement Of Flushable Wipes Suits

NEW YORK - A New York federal judge issued a memorandum on Nov. 18 recommending that the parties in six individual class action lawsuits addressing sewage issues caused by flushable wipes consider settlement (D. Joseph Kurtz, et al. v. Kimberly-Clark Corporation, et al., No. 14-1142, Anthony Belfiore, et al. v. The Procter & Gamble Company, No. 14-4090, Desmond R. Armstrong, et al. v. Costco Wholesale Corporation, et al., No. 15-2909, Gladys Honigman, et al. v. Kimberly-Clark Corporation, No. 15-2910, Steven and Ellen Palmer, et al. v. CVS Health, et al., No. 15-2928, Eugene and Victoria Richard, et al. v. Wal-Mart Stores, Inc., et al., No. 15-4579, E.D. N.Y.; 2016 U.S. Dist. LEXIS 160363).

Mealey's Litigation Procedure - New York Attorney General: Trump University Will Pay $25M To Settle Fraud Claims

NEW YORK - New York Attorney General Eric T. Schneiderman on Nov. 18 announced that a $25 million settlement had been reached ending claims that Trump University - which was owned by President-elect Donald Trump and marketed itself as a university to train, educate and mentor entrepreneurs involved in real estate investing - was actually a sham and defrauded its students out of millions of dollars.

Mealey's Toxic Tort/Environmental - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of James R. Diegelman, et al. v. City of Buffalo, et al., No. 168, N.Y. App.).

Mealey's Litigation Procedure - Appellate Panel Says New York Is Correct Place For Reinsurance Arbitration

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 16 affirmed a lower court ruling that a reinsurance dispute should be arbitrated in New York and not London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 16-306, 2nd Cir.; 2016 U.S. App. LEXIS 20529).

Mealey's Insurance - Appellate Panel Says New York Is Correct Place For Reinsurance Arbitration

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 16 affirmed a lower court ruling that a reinsurance dispute should be arbitrated in New York and not London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 16-306, 2nd Cir.; 2016 U.S. App. LEXIS 20529).

Mealey's Litigation Procedure - Judge Dismisses Case Filed Over Iraqi Facility Project For Lack Of Standing

NEW YORK - A New York federal judge on Nov. 14 found that the owner of an Iraqi company that was contracted to build a vehicle maintenance facility in Iraq failed to show that he had standing to sue the International Centre for Dispute Resolution (ICDR) and a company in relation to an arbitral award dismissing his claims (Wameedh Al Azzawi v. International Centre for Dispute Resolution, et al., No. 16-548, S.D. N.Y.; 2016 U.S. Dist. LEXIS 157712).

Mealey's Insurance - Judge Rules In Insured's Favor On 2 Open Issues In Suit Arising From Fraud Scheme

NEW YORK - Ruling on two remaining issues in a dispute over coverage for an insured's multimillion-dollar loss of marine gas oil (MGO), a New York federal judge on Nov. 11 held that the insured is entitled to damages measured by a "re-sale" invoice's value of $17,910,833.28 and to prejudgment interest at the New York statutory rate of 9 percent, starting from March 2, 2014 (AGCS Marine Insurance Co. v. World Fuel Services, Inc., et al., No. 14-5902, S.D. N.Y.; 2016 U.S. Dist. LEXIS 158022).

Mealey's PI/Product Liability - GM Asks MDL Judge For Summary Judgment On Successor Liability Claims

NEW YORK - General Motors LLC, the successor of General Motors Corp., on Nov. 11 asked the federal judge overseeing the GM ignition switch multidistrict litigation to grant it summary judgment on all successor liability claims against it, arguing that the plaintiffs in their fourth amended complaint incorrectly rely on the "mere continuation" exception to the rule against successor liability (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).

Mealey's Insurance - Reinsured Asks Court To Compel Reinsurer To Arbitrate Dispute

NEW YORK - An insurer representing itself and its affiliates petitioned a federal court in New York on Nov. 14 for an order compelling a reinsurer to arbitrate a $3.8 million dispute that the insurer insists is between it and the reinsurer and does not involve a pool of other parties as the reinsurer allegedly claims (In the Matter of the Arbitration Between National Union Fire Insurance Company of Pittsburgh, PA v. Federal Insurance Company, No. 16-cv-08821, S.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit Declines Motion For Rehearing En Banc In Vivendi Securities Suit

NEW YORK - Without providing any detail, the Second Circuit U.S. Court of Appeals on Nov. 10 declined to grant a French company's motion for rehearing or rehearing en banc of the court's previous ruling affirming a jury's verdict against the company for violations of federal securities laws (In re Vivendi S.A. Securities Litigation, No. 15-180, 2nd Cir.).