LexisNexis® Legal Newsroom
Mealey's Insurance - Insurer Says Reinsurer From Different Case Has No Right To See Sealed Documents

SYRACUSE, N.Y. - An insurer told a federal court in New York on July 5 that a non-party reinsurer involved in a similar asbestos reinsurance dispute does not have the right to see documents sealed in the instant action (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).

Mealey's Bankruptcy - Bankruptcy Judge Bars State Court Suit Against Johns-Manville Affiliate

NEW YORK - A New York federal bankruptcy judge on June 30 enjoined a woman's Louisiana state court asbestos personal injury lawsuit against a subsidiary of Johns-Manville Corp. after finding that the woman's claims are barred by decades-old injunctions in Johns-Manville's Chapter 11 case, and her only recourse is to file a claim with the asbestos trust established in the case (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy.).

Mealey's Insurance - LTD Benefits Reinstated; Insurer's Termination Was Arbitrary, Federal Judge Says

ROCHESTER, N.Y. - A New York federal judge on June 30 ordered a disability insurer to reinstate a claimant's disability benefits and pay past due benefits because the insurer's termination of benefits was arbitrary and capricious (Randi Dunda v. Aetna Life Insurance Co., No. 15-6232, W.D. N.Y.; 2016 U.S. Dist. LEXIS 85549).

Mealey's Toxic Tort/Environmental - Union Carbide: Bhopal, India, Chemical Exposure Plaintiffs' Motion 'Improper'

NEW YORK - Union Carbide Corp., which is being sued by a putative class action that alleges personal injuries from exposure to fugitive chemicals from the closed Bhopal, India, pesticide refinery from which methyl isocyanate was released in 1984, on July 7 filed a brief in the Second Circuit U.S. Court of Appeals, arguing that the plaintiffs' motion to certify state law questions following an opinion that decided an appeal is "improper" (Jargarnath Sahu, et al. v. Union Carbide Corp., et al., No. 14-3087, S.D. N.Y.).

Mealey's Insurance - Party To Reinsurance Removes Arbitration Vacatur Petition To Federal Court

NEW YORK - A party to a reinsurance treaty removed a petition asking for vacatur of an arbitration award to a federal court in New York on July 5 (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - New York Court Affirms Asbestos Verdict, $3.2M Future Pain Award

NEW YORK - That an asbestos defendant supervised superintendents rather than individual workers does not preclude liability under New York labor law, a New York appellate court held June 28 while also affirming the jury's $3.5 million award for future pain and suffering (Ralph North v. National Grid Generation LLC, Nos. 1160, 1161, 1162, N.Y. Sup., App. Div., 1st Dept.; 2016 N.Y. App. Div. LEXIS 4913).

Mealey's Insurance - Judge: Insured Has No 'Single Valid Excuse' For Failing To Provide Prompt Notice

BRONX, N.Y. - A New York judge on June 28 found that an insured breached the conditions of its insurance policy by failing to provide its insurer with prompt notice of a property damage claim and by failing to preserve the purported damaged property for inspection (TV Realty LLC v. Tower Insurance Company of New York, No. 306589/2013, N.Y. Sup., Bronx Co.).

Mealey's PI/Product Liability - Rejecting Expert, Causation Challenges, Justice Permits Asbestos-Talc Action

NEW YORK - The judge overseeing New York City's asbestos litigation allowed an action alleging mesothelioma arising from exposure to Colgate-Palmolive Co.'s consumer talc product to proceed, rejecting challenges to its timeliness, the admissibility of experts and the causation evidence in an opinion posted June 29 (In re New York City Asbestos Litigation Jay Alan Feinberg, et al. v. Colgate-Palmolive Co., et al., No. 190070/2011, N.Y. Sup., New York Co.; 2016 N.Y. Misc. LEXIS 2360).

Mealey's Toxic Tort/Environmental - Rejecting Expert, Causation Challenges, Justice Permits Asbestos-Talc Action

NEW YORK - The judge overseeing New York City's asbestos litigation allowed an action alleging mesothelioma arising from exposure to Colgate-Palmolive Co.'s consumer talc product to proceed, rejecting challenges to its timeliness, the admissibility of experts and the causation evidence in an opinion posted June 29 (In re New York City Asbestos Litigation Jay Alan Feinberg, et al. v. Colgate-Palmolive Co., et al., No. 190070/2011, N.Y. Sup., New York Co.; 2016 N.Y. Misc. LEXIS 2360).

Mealey's IP/Tech - 2nd Circuit Panel Affirms Cancellation Of Pizza Trademark

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 affirmed the cancellation of a federal trademark for pizza restaurants on the grounds that a family member fraudulently obtained federal registration for the mark long used by his family's chain of pizzerias (MPC Franchise LLC, et al. v. Brent Tarntino, No. 15-717-cv, 2nd Cir.; 2016 U.S. App. LEXIS 11698).

Mealey's Banking & Finance - 2nd Circuit Finds Bank Had Standing To Foreclose, Affirms Ruling

NEW YORK - The Second Circuit U.S. Court of Appeals on June 29 affirmed a trial court's decision that a bank had standing to foreclose on a property and found that it did not err in granting summary judgment for the bank (OneWest Bank N.A. v. Robert W. Melina, et al., No. 15-3063, 2nd Cir.; 2016 U.S. App. LEXIS 11862).

Mealey's PI/Product Liability - New York High Court Declines To Address Consolidation Of Asbestos Cases

NEW YORK - The New York Court of Appeals refused to decide if a trial judge erred in consolidating two asbestos cases for trial, saying in a June 28 opinion that the defendant did not adequately preserve the issue for appeal (In the Matter of New York City Asbestos Litigation; Ruby E. Konstantin, individually and as executrix of the estate of Dave John Konstantin v. 630 Third Ave. Associates, et al., No. 85, N.Y. App.).

Mealey's PI/Product Liability - New York Jury Awards $22 Million In Asbestos Case Against Boilermaker

NEW YORK - For the second time this month, a New York jury hit boiler maker Burnham LLC with a verdict in an asbestos case, this time awarding a $22 million verdict on June 24 and finding it 25 percent liable for a man's mesothelioma, sources told Mealey Publications (Frank Gondar v. A.O. Smith Water Products Co., et al., No. 190079-2015, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - General Motors Seeks To Have Disabilities Introduced In Next Bellwether Trial

NEW YORK - General Motors LLC on June 24 told the judge overseeing the General Motors ignition switch multidistrict litigation that it should be allowed to introduce evidence that shows that the plaintiff in the next bellwether trial has history of cognitive defects (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Chevron Attorney: Lago Agrio Counsel Waived RICO Argument In $18.5B Appeal

NEW YORK - An attorney for Chevron Corp. on June 28 sent a letter to a panel of the Second Circuit U.S. Court of Appeals contending that the attorney for the Ecuadorian residents, who initially won an $18.5 billion judgment against it before the plaintiffs' attorney was determined to have committed fraud, has waived any argument about the "purported extraterritorial application of" the Racketeer Influenced and Corrupt Organizations Act (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).

Mealey's Toxic Tort/Environmental - New York Jury Awards $22 Million In Asbestos Case Against Boilermaker

NEW YORK - For the second time this month, a New York jury hit boiler maker Burnham LLC with a verdict in an asbestos case, this time awarding a $22 million verdict on June 24 and finding it 25 percent liable for a man's mesothelioma, sources told Mealey Publications (Frank Gondar v. A.O. Smith Water Products Co., et al., No. 190079-2015, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - New York High Court: Manufacturers Liable For Known Uses Of Third-Party Parts

NEW YORK - Manufacturers such as Crane Co. can be liable for third-party products whose combined uses were known or reasonably foreseeable due to design, mechanics or economic necessity, New York's top court held June 28 (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., Joann H. Suttner, et al. v. A.W. Chesterton Co., et al., Nos. 83, 84, N.Y. App.).

Mealey's PI/Product Liability - Judge: Amended Complaint Fails To Cure Pleading Deficiencies In Securities Suit

NEW YORK - A federal judge in New York on June 24 denied a motion to alter or amend judgment and for leave to file a second amended complaint in a securities class action lawsuit, ruling that any amendment would be futile because the shareholders' additional evidence does not cure any of the pleading deficiencies that led to dismissal of the previous amended complaint (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82453).

Mealey's Litigation Procedure - Judge: Amended Complaint Fails To Cure Pleading Deficiencies In Securities Suit

NEW YORK - A federal judge in New York on June 24 denied a motion to alter or amend judgment and for leave to file a second amended complaint in a securities class action lawsuit, ruling that any amendment would be futile because the shareholders' additional evidence does not cure any of the pleading deficiencies that led to dismissal of the previous amended complaint (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82453).

Mealey's PI/Product Liability - Motion To Stay In Securities Suit Fails To Meet Nken Factors, Judge Rules

NEW YORK - A federal judge in New York on June 24 denied a motion for a stay in a securities class action lawsuit and several related actions, ruling that the defendants' motion fails to meet the guidelines established in the U.S. Supreme Court's ruling in Nken v. Holder (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82426).

Mealey's Litigation Procedure - Motion To Stay In Securities Suit Fails To Meet Nken Factors, Judge Rules

NEW YORK - A federal judge in New York on June 24 denied a motion for a stay in a securities class action lawsuit and several related actions, ruling that the defendants' motion fails to meet the guidelines established in the U.S. Supreme Court's ruling in Nken v. Holder (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82426).

Mealey's PI/Product Liability - General Motors Says Non-Ignition-Switch Plaintiffs Violated Court Order

NEW YORK - General Motors LLC (New GM) says in a June 24 reply brief in New York bankruptcy court that plaintiffs who sued it claiming injuries from parts of cars made by New GM other than the ignition switch are violating a 2015 court order that states that plaintiffs whose claims "rise in connection" with vehicles without the ignition switch defect cannot assert independent claims against GM (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's Insurance - Liquidator Of Insolvent Insurer Sues Reinsurer Over Unpaid Billings

NEW YORK - The liquidator of an insolvent New Hampshire insurer told a federal court in New York on June 23 that a reinsurer owes the liquidation estate nearly $225,000 in unpaid reinsurance billings (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., No. 16-cv-04874, S.D. N.Y.).

Mealey's Securities/D&O Liability - Judge: Amended Complaint Fails To Cure Pleading Deficiencies In Securities Suit

NEW YORK - A federal judge in New York on June 24 denied a motion to alter or amend judgment and for leave to file a second amended complaint in a securities class action lawsuit, ruling that any amendment would be futile because the shareholders' additional evidence does not cure any of the pleading deficiencies that led to dismissal of the previous amended complaint (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82453).

Mealey's Securities/D&O Liability - Motion To Stay In Securities Suit Fails To Meet Nken Factors, Judge Rules

NEW YORK - A federal judge in New York on June 24 denied a motion for a stay in a securities class action lawsuit and several related actions, ruling that the defendants' motion fails to meet the guidelines established in the U.S. Supreme Court's ruling in Nken v. Holder (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 82426).