LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge: Jurisdiction, Timeliness Arguments Can't Free Employer From Asbestos Case

NEW YORK - An employer's operations in New York make jurisdiction there proper, and an amended complaint naming it as a defendant was timely filed, a federal judge held Sept. 20 (Kelan Unterberg v. ExxonMobil Oil Corp., et al., No. 14-10025, S.D. N.Y.; 2016 U.S. Dist. LEXIS 118586).

Mealey's Toxic Tort/Environmental - Judge: Jurisdiction, Timeliness Arguments Can't Free Employer From Asbestos Case

NEW YORK - An employer's operations in New York make jurisdiction there proper, and an amended complaint naming it as a defendant was timely filed, a federal judge held Sept. 20 (Kelan Unterberg v. ExxonMobil Oil Corp., et al., No. 14-10025, S.D. N.Y.; 2016 U.S. Dist. LEXIS 118586).

Mealey's Insurance - Pollution From Insured's Everyday Operations Can Be Accidental, Federal Judge Says

BROOKLYN, N.Y. - A New York federal judge on Sept. 21 determined that environmental contamination resulting from an insured's everyday operations can be accidental, as that term in used in the policies' pollution exclusions, because the spills at issue occurred inadvertently during the insured's normal, everyday operations (Certain Underwriters at Lloyd's, et al. v. National Railroad Passenger Corp., et al., No. 14-4717, E.D. N.Y., 2017 U.S. Dist. LEXIS 154584).

Mealey's Banking & Finance - Federal Judge Finds Borrower's FDCPA Claim Against Loan Servicer Fails

ISLIP, N.Y. - After finding that a borrower was not a consumer under the Fair Debt Collection Practices Act (FDCPA), a New York federal judge on Sept. 19 dismissed her complaint against a loan servicer in relation to a notice and default letter (Janine Carbone v. Caliber Home Loans Inc., No. 15-5190, E.D. N.Y., 2017 U.S. Dist. LEXIS 151810).

Mealey's Insurance - Carrier Exception To Exclusion Applies To Allow Coverage For Stolen Wine/Liquor

NEW YORK - Rejecting an insurer's appeal, the Second Circuit U.S. Court of Appeals on Sept. 21 affirmed a lower federal court's finding that a carrier exception to an insurance policy's dishonest acts exclusion applies to allow coverage for an insured's $1,155,480 claim arising from 4,095 cases of allegedly stolen wine and liquor (Warehouse Wines & Spirits v. Travelers Property Casualty Co., 16-2611, 2nd Cir., 2017 U.S. App. LEXIS 18239).

Mealey's PI/Product Liability - 4th DePuy Pinnacle Hip MDL Trial Under Way In Texas With 6 Plaintiffs

DALLAS - The fourth DePuy Pinnacle hip multidistrict trial got under way Sept. 20 in the U.S. District Court for the Northern District of Texas with six New York plaintiffs (In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 11-md-02244, Ramon Alicea, et al. v. DePuy Orthopaedics., Inc., et al., No. 15-03489, Uriel Barzel v. DePuy Orthopaedics, Inc., et al., No. 16-1245, Karen Kirschner v. DePuy Orthopaedics, Inc., et al., No. 16-1526, Hazel Miura v. DePuy Orthopaedics, Inc., et al., No. 13-4119, Michael A. Stevens v. DePuy Orthopaedics, Inc., et al., No. 14-1776, Eugene Stevens Jr. v. DePuy Orthopaedics, et al., No. 14-2341, N.D. Texas).

Mealey's Securities/D&O Liability - Swedish Telecom Provider To Pay Nearly $1B To Settle FCPA Claims

WASHINGTON, D.C. - Swedish telecommunications provider Telia Co. AB has agreed to pay nearly $1 billion as part of a global settlement with U.S., Dutch and Swedish officials for its role in a massive bribery and money laundering scheme with government officials in Uzbekistan, according to documents filed with the Securities and Exchange Commission and in New York federal court on Sept. 21 (In the Matter of Telia Co. AB, No. 3-18195, SEC, and United States of America v. COSCOM LLC, No. 17-cr-581, S.D. N.Y.).

Mealey's Litigation Procedure - Judge Allows Majority Of Claims To Survive In Securities Class Action

NEW YORK - A federal judge in New York on Sept. 19 substantially rejected a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action has properly pleaded a majority of its federal securities law claims (In re VEON Ltd. Securities Litigation, No. 15-8672, S.D. N.Y., 2017 U.S. Dist. LEXIS 152240).

Mealey's Securities/D&O Liability - Judge Allows Majority Of Claims To Survive In Securities Class Action

NEW YORK - A federal judge in New York on Sept. 19 substantially rejected a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action has properly pleaded a majority of its federal securities law claims (In re VEON Ltd. Securities Litigation, No. 15-8672, S.D. N.Y., 2017 U.S. Dist. LEXIS 152240).

Mealey's Toxic Tort/Environmental - Federal Judge Schedules Jury Trial In Reinsurance Suit Over Asbestos Claims

SYRACUSE, N.Y. - In a reinsurance dispute over coverage for underlying asbestos injury claims, an insurer writes in a letter filed in a New York federal court on Sept. 19 that it rejects a reinsurer's suggestion that it dismiss the case without prejudice because the case presents a justiciable controversy (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-270, N.D. N.Y.).

Mealey's PI/Product Liability - New York Appellate Court Vacates Stay Of New York Asbestos Case Management Order

NEW YORK - A New York appellate court on Sept. 19 vacated the stay it issued in July that halted implementation of the hotly contested case management order (CMO) governing asbestos cases in New York City (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup. App. Div., 1st Dept.)

Mealey's Labor & Employment - 2nd Circuit Finds Carnival Employee Must Arbitrate Claims In The Philippines

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 18 affirmed a ruling in which a district court found that a motorman who was injured while working aboard a vessel must arbitrate his claims against his employer in the Philippines pursuant to his employment contract (Rodrigo R. Pagaduan v. Carnival Corporation, et al., No. 16-465, 2nd Cir., 2017 U.S. App. LEXIS 17981).

Mealey's Insurance - Federal Judge Schedules Jury Trial In Reinsurance Suit Over Asbestos Claims

SYRACUSE, N.Y. - In a reinsurance dispute over coverage for underlying asbestos injury claims, an insurer writes in a letter filed in a New York federal court on Sept. 19 that it rejects a reinsurer's suggestion that it dismiss the case without prejudice because the case presents a justiciable controversy (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-270, N.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit Finds Carnival Employee Must Arbitrate Claims In The Philippines

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 18 affirmed a ruling in which a district court found that a motorman who was injured while working aboard a vessel must arbitrate his claims against his employer in the Philippines pursuant to his employment contract (Rodrigo R. Pagaduan v. Carnival Corporation, et al., No. 16-465, 2nd Cir., 2017 U.S. App. LEXIS 17981).

Mealey's Insurance - Breach Of Fiduciary Duty Claim Dismissed In Dispute Over Sham Reinsurer Scheme

NEW YORK - In a dispute over two alleged schemes involving a "sham reinsurance company" and a "sham medical billing company," a New York justice on Sept. 15 dismissed claims by an investment fund for breach of fiduciary duty and aiding and abetting breach of fiduciary duty and unjust enrichment (Wimbledon Financing Master Fund Ltd. v. Weston Capital Management LLC, et al., No. 653468/2015, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 2725).

Mealey's Toxic Tort/Environmental - Limitations Period Has Expired On Claim Of Tainted Groundwater, Company Says

NEW YORK - Northrop Grumman Corp. on Sept. 18 filed a brief in the Second Circuit U.S. Court of Appeals arguing that an amicus brief filed by parties interested in a groundwater contamination lawsuit is premised on "a fundamental misconception" regarding the limitations period for tort claims (Bethpage Water District v. Northrop Grumman Corporation, et al., No. 16-2592, 2nd Cir.).

Mealey's IP/Tech - Scholastic Wins Transfer Of Copyright Action To New York Federal Court

TRENTON, N.J. - Allegations that Scholastic Inc. exceeded the terms of a limited license to use a plaintiff's copyrighted photographs in its publications will proceed in New York federal court in light of Scholastic's forum-selection clause with a stock photography agency, a New Jersey federal judge ruled Sept. 15 (George Steinmetz v. Scholastic Inc., No. 16-3585, D. N.J., 2017 U.S. Dist. LEXIS 149952).

Mealey's IP/Tech - 2nd Circuit Affirms Denial Of Request To Disqualify Trademark Counsel

NEW YORK - Although vacating and remanding a permanent injunction, the Second Circuit U.S. Court of Appeals on Sept. 19 affirmed a New York federal judge's decision to deny a request for disqualification of Locke Lord in a dispute over the Swiss Army knife trade dress (Victorinox AG, et al. v. The B&F Systems Inc., et al., Nos. 15-4032, 16-2690, 2nd Cir., 2017 U.S. App. LEXIS 18070).

Mealey's Toxic Tort/Environmental - New York Appellate Court Vacates Stay Of New York Asbestos Case Management Order

NEW YORK - A New York appellate court on Sept. 19 vacated the stay it issued in July that halted implementation of the hotly contested case management order (CMO) governing asbestos cases in New York City (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup. App. Div., 1st Dept.)

Mealey's Health Law - Pediatric Firm Can Pursue Federal, State False Claims Act Allegations, Judge Says

NEWARK, N.J. - A firm of pediatric doctors can pursue allegations that a skilled nursing and rehabilitation facility violated the False Claims Act, the New Jersey False Claims Act (NJFCA) and the New York False Claims Act (NYFCA) for unlawfully billing Medicare and Medicaid as primary payers rather than a patient's private insurance company, a federal judge in New Jersey ruled Sept. 18, finding that the firm sufficiently stated claims under Federal Rule of Civil Procedure 12(b)(6) (United States of America v. Wanaque Convalescent Center, et al., No. 14-6651, D. N.J., 2017 U.S. Dist. LEXIS 150566).

Mealey's IP/Tech - New York Federal Judge Denies UMG's Motion To Dismiss Copyright Claim

BROOKLYN, N.Y. - Assertions by defendant Universal Music Group (UMG) Inc. that a copyright infringement action should be dismissed on jurisdiction grounds or for failure to state a claim were rejected as "legally insufficient" by a New York federal judge on Sept. 17 (Hypefortype Ltd v. Universal Music Group Inc., No. 17-4468, E.D. N.Y., 2017 U.S. Dist. LEXIS 150500).

Mealey's Insurance - Pediatric Firm Can Pursue Federal, State False Claims Act Allegations, Judge Says

NEWARK, N.J. - A firm of pediatric doctors can pursue allegations that a skilled nursing and rehabilitation facility violated the False Claims Act, the New Jersey False Claims Act (NJFCA) and the New York False Claims Act (NYFCA) for unlawfully billing Medicare and Medicaid as primary payers rather than a patient's private insurance company, a federal judge in New Jersey ruled Sept. 18, finding that the firm sufficiently stated claims under Federal Rule of Civil Procedure 12(b)(6) (United States of America v. Wanaque Convalescent Center, et al., No. 14-6651, D. N.J., 2017 U.S. Dist. LEXIS 150566).

Mealey's Insurance - Appeals Panel Addresses Defamation Claims Against Former N.Y. Attorney General

NEW YORK - American International Group Inc.'s (AIG) former chief executive officer sufficiently alleged a defamation claim based on several public statements made by New York's former attorney general, a New York appeals panel affirmed Sept. 13 (Maurice R. Greenberg v. Eliot L. Spitzer, No. 1436/13, N.Y. App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 6422).

Mealey's PI/Product Liability - Couple: Tort Didn't Impact Bankruptcy, Lack Of Disclosure Shouldn't Bar Action

NEW YORK - Failing to disclose an asbestos claim that arose after confirmation and complete repayment under a bankruptcy plan is not the type of conduct that requires imposing judicial estoppel, a couple told the Second Circuit U.S. Court of Appeals Sept. 12 (John Clark, et al. v. AII Acquisition LLC, et al., No. 17-1727, 2nd Cir.).

Mealey's Litigation Procedure - Judge Grants Investors' Motion To Amend In BlackBerry Securities Class Action

NEW YORK - Newly uncovered evidence that could show that mobile device manufacturer BlackBerry Ltd. and certain of its former executive officers concealed declining sales of its new Z10 smartphone and other 10 series mobile devices is enough to warrant amendment of a shareholder class action complaint so that shareholders may properly plead the elements of their federal securities law claims, a federal judge in New York ruled Sept. 13 in granting the shareholders leave to amend (Marvin Pearlstein v. BlackBerry Ltd., et al., No. 13-7060, S.D. N.Y.; 2017 U.S. Dist. LEXIS 148479).