LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Tata And Docomo Seek Stay Pending Approval Of Settlement By Indian Court

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.).

Mealey's IP/Tech - Buzzfeed Seeks Dismissal Of Defamation Suit Over Russian Hacking Article

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.).

Mealey's Litigation Procedure - Bayer Tells 2nd Circuit Mirena Experts, 'Admissions' Evidence Properly Excluded

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.).

Mealey's PI/Product Liability - Bayer Tells 2nd Circuit Mirena Experts, 'Admissions' Evidence Properly Excluded

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.).

Mealey's Litigation Procedure - Judge: Investors Failed To Plead Scienter In Chipotle Securities Suit

NEW YORK - Lead plaintiffs have failed to plead any material misrepresentations or scienter in making claims that Mexican restaurant chain Chipotle Mexican Grill Inc. and certain of its executive officers issued certain misrepresentations concealing issues surrounding a widespread series of E. coli outbreaks in violation of federal securities laws, a federal judge in New York ruled March 8 in granting the defendants' motion to dismiss (Susie Ong v. Chipotle Mexican Grill Inc., et al., No. 16-141, S.D. N.Y., 2017 U.S. Dist. LEXIS 33170).

Mealey's Litigation Procedure - 2nd Circuit: Depositing A Check With Court Clerk Doesn't Moot TCPA Class Suit

NEW YORK - The deposit of a check with the clerk of a district court in satisfaction of judgment made by the defendant in a Telephone Consumer Protection Act (TCPA) class complaint doesn't moot the suit, a Second Circuit U.S. Court of Appeals panel ruled March 9, vacating the judgment of the district court and remanding for further proceedings (Radha Geismann, M.D., P.C., et al. v. ZocDoc, Incorporated, No. 14-3708, 2nd Cir., 2017 U.S. App. LEXIS 4150).

Mealey's Litigation Procedure - Motion To Strike Class Allegations In Flammable Hoverboards Suit Is Denied

HAMMOND, Ind. - A New York man may proceed with his class complaint against a hoverboard manufacturer alleging that his hoverboard self-combusted after an Indiana federal judge on March 7 denied motions by the defendant to strike class allegations, dismiss an unjust enrichment claim and dismiss a claim for injunctive relief (Michael Brown v. Swagway, LLC, No. 15-588, N.D. Ind., 2017 U.S. Dist. LEXIS 31997).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Plead Scienter In Chipotle Securities Suit

NEW YORK - Lead plaintiffs have failed to plead any material misrepresentations or scienter in making claims that Mexican restaurant chain Chipotle Mexican Grill Inc. and certain of its executive officers issued certain misrepresentations concealing issues surrounding a widespread series of E. coli outbreaks in violation of federal securities laws, a federal judge in New York ruled March 8 in granting the defendants' motion to dismiss (Susie Ong v. Chipotle Mexican Grill Inc., et al., No. 16-141, S.D. N.Y., 2017 U.S. Dist. LEXIS 33170).

Mealey's Litigation Procedure - New York Federal Judge: Record-Keeper Services Didn't Give Rise To Fiduciary Duty

NEW YORK - A New York federal judge on March 7 granted a motion to dismiss an Employee Retirement Income Security Act lawsuit alleging that a record-keeper breached its fiduciary duty by preventing ERISA plans from getting a more competitive rate for record-keeping services, finding that the record-keeper was not a fiduciary of the plans (Elaine Malone, et al. v. Teachers Insurance and Annuity Association of America, No. 15-cv-08038, S.D. N.Y., 2017 U.S. Dist. LEXIS 32308).

Mealey's Labor & Employment - New York Federal Judge: Record-Keeper Services Didn't Give Rise To Fiduciary Duty

NEW YORK - A New York federal judge on March 7 granted a motion to dismiss an Employee Retirement Income Security Act lawsuit alleging that a record-keeper breached its fiduciary duty by preventing ERISA plans from getting a more competitive rate for record-keeping services, finding that the record-keeper was not a fiduciary of the plans (Elaine Malone, et al. v. Teachers Insurance and Annuity Association of America, No. 15-cv-08038, S.D. N.Y., 2017 U.S. Dist. LEXIS 32308).

Mealey's Litigation Procedure - Insurer Says Information Party Wants Sealed Was Disclosed In Recent Decision

SYRACUSE, N.Y. - A nonparty insurer told a federal court in New York on March 7 that portions of the materials that an insurer in a reinsurance dispute wants to be placed under seal were publicly aired in a recent decision in a related case (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.).

Mealey's Insurance - Insurer Says Information Party Wants Sealed Was Disclosed In Recent Decision

SYRACUSE, N.Y. - A nonparty insurer told a federal court in New York on March 7 that portions of the materials that an insurer in a reinsurance dispute wants to be placed under seal were publicly aired in a recent decision in a related case (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.).

Mealey's Insurance - New York Federal Judge Awards Attorney Fees To Disability Claimant

ROCHESTER, N.Y. - A New York federal judge on March 6 determined that a disability claimant is entitled to more than $34,000 in attorney fees because the claimant was the prevailing party on motions for summary judgment (Charles Standish v. Federal Express Corp. Long Term Disability Plan, et al., No. 6:15-cv-6226, W.D. N.Y., 2017 U.S. Dist. LEXIS 31400).

Mealey's Litigation Procedure - 2nd Circuit Grants Petition For Rehearing In Enforcement Case

NEW YORK - The Second Circuit U.S. Court of Appeals on March 2 granted a petition for rehearing filed by defendants in an action to confirm a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration for the purpose of correcting its previous instructions to the district court with instructions that the district court apply New York law to the remaining issues of the case (CBF Industria de Gusa S/A, et al. v. Amci Holdings Inc., No. 15-1133, 15-1146, 2nd Cir., 2017 U.S. App. LEXIS 3815).

Mealey's Insurance - Reinsured Says Crimes Asserted Against Executive Do Not Affect Arbitration Award

NEW YORK - An insurer on March 6 told a federal court in New York that the conviction of the insurer's chief operating officer on unrelated charges has no bearing on a dispute with a reinsurer over the confirmation or vacatur of an arbitration award (Certain Underwriting Members at Lloyd's, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).

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

NEW YORK - A New York federal bankruptcy judge on March 2 denied summary judgment to both Chapter 11 debtor Rapid-American Corp. and two of its insurers in a dispute over whether a policy has a $10 million or $30 million limit for asbestos liability claims (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Toxic Tort/Environmental - Judge Adopts Recommendation To Approve Settlement In Clean Water Act Suit

NEW YORK - A federal judge in New York on March 3 adopted a magistrate judge's recommendation that a settlement between the federal government and the New York Racing Association to resolve a Clean Water Act (CWA) suit is fair and reasonable (United States of America v. The New York Racing Association, No. 16 CV 5442, E.D. N.Y., 2017 U.S. Dist. LEXIS 30368).

Mealey's Insurance - Judge Approves Extension So Reinsurance Program Parties Can Negotiate Settlement

NEW YORK - A federal judge in New York on March 3 granted a pleadings filing extension to parties to a reinsurance dispute so the parties can continue settlement discussions (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.).

Mealey's Securities/D&O Liability - Hedge Fund Manager's Motions To Vacate Sentence, Civil Forfeiture Denied

NEW YORK - Convicted hedge fund manager Raj Rajaratnam has failed to show that his trial counsel in his criminal proceedings was ineffective by failing to bring certain arguments on appeal of Rajaratnam's conviction for insider trading, a federal judge in New York ruled March 3 in denying a pair of motions to vacate Rajaratnam's sentence and civil forfeiture (Raj Rajaratnam v. United States of America, No. 15-5325, related to: 09cr1184, S.D. N.Y., 2017 U.S. Dist. LEXIS 30726).

Mealey's Toxic Tort/Environmental - Panel Reverses, Says Statute Of Limitations Expired On Lead-Based Paint Case

ALBANY, N.Y. - A New York appellate panel on March 2 reversed a trial court ruling and determined that a lead-based paint poisoning lawsuit against a landlord couple should be dismissed on grounds that the statute of limitations had expired on the claim (Violet Vasilatos v. William Dzamba, No. 523286, N.Y. Sup., App. Div., 3rd Dept.; 2017 N.Y. App. Div. LEXIS 1581).

Mealey's IP/Tech - Magistrate Criticizes Discovery Responses In Copyright Case, Scolds Entire District

NEW YORK - In a Feb. 28 ruling, a New York federal magistrate judge not only found a copyright and trademark defendant's discovery responses to be noncompliant with Federal Rule of Civil Procedure 34, he also took the opportunity to criticize attorneys throughout the district for continually failing to comply with December 2015 amendments to the rule (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 1:14-cv-01304 and 1:14-cv-01307, S.D. N.Y., 2017 U.S. Dist. LEXIS 28102).

Mealey's Toxic Tort/Environmental - $20M Lead-Based Paint Injury Case May Proceed, Judge Says

BROOKLYN, N.Y. - A federal judge in New York on March 1 ruled that residents who seek $20 million for lead-based paint poisoning injuries allegedly sustained when they rented an apartment have a private right of action and the case may proceed (Sabrina Fuller v. Chandrakalli Sukhnandan, No. 16-2038, E.D. N.Y.; 2017 U.S. Dist. LEXIS 29063).

Mealey's Litigation Procedure - Magistrate Criticizes Discovery Responses In Copyright Case, Scolds Entire District

NEW YORK - In a Feb. 28 ruling, a New York federal magistrate judge not only found a copyright and trademark defendant's discovery responses to be noncompliant with Federal Rule of Civil Procedure 34, he also took the opportunity to criticize attorneys throughout the district for continually failing to comply with December 2015 amendments to the rule (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 1:14-cv-01304 and 1:14-cv-01307, S.D. N.Y., 2017 U.S. Dist. LEXIS 28102).

Mealey's Labor & Employment - New York Federal Judge Says Administrator Failed To Prove Extension Was Warranted

NEW YORK - Because a plan administrator failed to prove that special circumstances existed when it extended the allowable time to issue a decision on appeal, a New York federal judge on Feb. 28 concluded that a de novo standard of review is appropriate (Katherine Salisbury v. Prudential Insurance Company of America, No. 15-9799, S.D. N.Y., 2017 U.S. Dist. LEXIS 27983).

Mealey's Insurance - New York Federal Judge Says Administrator Failed To Prove Extension Was Warranted

NEW YORK - Because a plan administrator failed to prove that special circumstances existed when it extended the allowable time to issue a decision on appeal, a New York federal judge on Feb. 28 concluded that a de novo standard of review is appropriate (Katherine Salisbury v. Prudential Insurance Company of America, No. 15-9799, S.D. N.Y., 2017 U.S. Dist. LEXIS 27983).