LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - New York High Court Declines To Address Consolidation Of Asbestos Cases

NEW YORK - New York's high court on June 28 refused to decide if a trial judge erred in consolidating two asbestos cases for trial, saying 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 Insurance - No Coverage Owed For Environmental Contamination, 2nd Circuit Says In Reversing

NEW YORK - An insurer has no duty to defend its insured against an underlying environmental contamination suit because the contamination at issue was not "sudden and accidental" as required by the policy, the Second Circuit U.S. Court of Appeals said June 23 in reversing a district court's judgment against the insurer (The Narragansett Electric Co. v. Century Indemnity Co., et al., Nos. 15-1137, 15-1397, 2nd Cir.; 2016 U.S. App. LEXIS 11647).

Mealey's Litigation Procedure - Microsoft: High Court RICO Ruling Supports Vacating Subpoena For Irish Emails

NEW YORK - In a notice of supplemental authority letter filed June 21 in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that the U.S. Supreme Court's recent ruling in RJR Nabisco Inc. v. European Community (No. 15-138, 2016 U.S. LEXIS 3925 [U.S., June 20, 2016]), which pertained to the extraterritorial application of the Racketeer Influenced and Corrupt Organizations (RICO) Act, supports Microsoft's position that it cannot be subpoenaed to supply email contents that are located extraterritorially (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).

Mealey's Toxic Tort/Environmental - New York Village, Company Settle PCE Contamination Lawsuit For $10 Million

CENTRAL ISLIP, N.Y. - The Incorporated Village of Garden City, N.Y., and a clothing company on June 22 reached an agreement under which the company agreed to pay the village $10 million for costs associated with remediating groundwater contamination caused by the company's fabric-cutting plant (Incorporated Village of Garden City v. Genesco Inc., No. 07-5244, E.D. N.Y.).

Mealey's Litigation Procedure - Federal Judge Confirms $476 Million Award Issued By Hong Kong Tribunal

NEW YORK - A New York federal judge on June 22 granted a Chinese company's petition to confirm an award that was issued by a Hong Kong tribunal, ordering a British Virgin Islands entity to pay $476,700,190.49 in damages and interest (GE Transportation [Shenyang] Co. Ltd. v. A-Power Energy Generation Systems Ltd., No. 15-6194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 81367).

Mealey's Insurance - Justice Seeks Input Regarding Liquidator's Authority To Enter Agreement

NEW YORK - A New York justice on June 17 issued an order to show cause, asking for input on a proposed order giving the liquidator of an insolvent insurer the authority to enter into an early access agreement with certain states' insurance guaranty associations (In the Matter of the Rehabilitation of Professional Liability Insurance Company of America, No. 400986/2010, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - New York Federal Judge Dismisses Class Suit Accusing Samsung Of Faulty Washers

NEW YORK - A New York federal judge on June 17 granted a motion to dismiss a class complaint accusing Samsung Electronics America Inc. (SEA) and Samsung Electronics Co. Ltd. (SEC) of continuing to manufacture and sell defective washing machines despite knowing that the rods were insufficient to hold the drums in place inside the machine (Charlene Kay Ray, et al. v. Samsung Electronics America, Inc., et al., No. 15-8540, S.D. N.Y.; 2016 U.S. Dist. LEXIS 79260).

Mealey's Litigation Procedure - Federal Judge Confirms Award For Alstom In Insurance Coverage Dispute

NEW YORK - After finding that a Brazilian insurer was bound by the terms of an arbitration clause contained in an agreement for the sale of power generation equipment, a New York federal judge on June 20 confirmed an award issued by the International Chamber of Commerce (ICC) in favor of two Brazilian companies (Alstom Brasil Energia E Transporte Ltda, et al. v. Mitsui Sumitomo Securos S.A., No. 15-8221, S.D. N.Y.; 2016 U.S. Dist. LEXIS 80151).

Mealey's PI/Product Liability - New York Justice Allows Subpoena Into Financial Influence Of Asbestos-Talc Studies

NEW YORK - A couple may subpoena the University of Idaho about how compensation influenced the school's studies into whether Colgate-Palmolive Co.'s talcum body powder contained asbestos, a New York justice held June 20 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - New York Justice Allows Subpoena Into Financial Influence Of Asbestos-Talc Studies

NEW YORK - A couple may subpoena the University of Idaho about how compensation influenced the school's studies into whether Colgate-Palmolive Co.'s talcum body powder contained asbestos, a New York justice held June 20 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - New York Justice Allows Subpoena Into Financial Influence Of Asbestos-Talc Studies

NEW YORK - A couple may subpoena the University of Idaho about how compensation influenced the school's studies into whether Colgate-Palmolive Co.'s talcum body powder contained asbestos, a New York justice held June 20 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - 2nd Circuit Panel Says Company Had Cause To Fire, Deny Benefits

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 16 upheld a New York federal judge's ruling that a company had cause to fire two employees who refused to answer questions about their possible involvement in an alleged criminal conspiracy (William W. Gilman, et al. v. Marsh & McLennan Companies Inc., et al., No. 15-0603, 2nd Cir.; 2016 U.S. App. LEXIS 10937).

Mealey's IP/Tech - 2nd Circuit Rules DMCA Safe Harbor Applies To Pre-1972 Works In Vimeo Suit

NEW YORK - Mostly affirming a trial court's ruling dismissing copyright infringement claims against video-sharing site operator Vimeo LLC, a Second Circuit U.S. Court of Appeals panel on June 16 found that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) is available to recorded works from before 1972 that are governed by state law (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 14-1048, 2nd Cir.; 2016 U.S. App. LEXIS 10884).

Mealey's PI/Product Liability - New York Appeals Court Upholds Dismissal Of Building Owner's Claims Against Supplier

NEW YORK - The First Department New York Supreme Court Appellate Division on June 16 affirmed the dismissal of a building owner's third-party claims against the supplier of windows and doors that were allegedly defective, finding that the owner was not a beneficiary to the agreement between the supplier and subcontractor that installed them and that it could not seek indemnification from the supplier (Residential Board of Managers of 310 West 52nd Street Condominium v. El-Ad 52 LLC, et al., No. 1497, 600174/10, N.Y. Sup., App. Div., 1st Dept.; 2016 N.Y. App. Div. LEXIS 4669).

Mealey's Litigation Procedure - 3rd Circuit To Hear Appeal In Petrobas Securities Class Action Lawsuit

NEW YORK - Without providing further detail, the Third Circuit U.S. Court of Appeals on June 15 agreed to hear an appeal of a ruling in a securities class action lawsuit filed in New York federal court that partially dismissed claims against a Brazilian oil company, its outside auditor and others (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 76844).

Mealey's Securities/D&O Liability - 3rd Circuit To Hear Appeal In Petrobas Securities Class Action Lawsuit

NEW YORK - Without providing further detail, the Third Circuit U.S. Court of Appeals on June 15 agreed to hear an appeal of a ruling in a securities class action lawsuit filed in New York federal court that partially dismissed claims against a Brazilian oil company, its outside auditor and others (In re Petrobas Securities Litigation, No. 14-9662, S.D. N.Y.; 2016 U.S. Dist. LEXIS 76844).

Mealey's Toxic Tort/Environmental - Panel: Property Owners Not Liable For Lead-Based Paint Injuries

NEW YORK - A New York appellate court on June 14 affirmed summary judgment dismissal of a lead-based paint lawsuit, concluding that the property owners demonstrated their prima facie entitlement to summary judgment by submitting evidence that they did not own or manage the building until after all the infant plaintiffs were over age 7 (Arelie F., et al. v. Cathedral Properties LLC, No. 1438, 350662/09, N.Y. Sup., App. Div., 1st Dept.; 2016 N.Y. App. Div. LEXIS 4505).

Mealey's PI/Product Liability - Ignition Switch MDL Co-Lead Counsel Say GM's Discovery Request Is Burdensome

NEW YORK - The plaintiffs' co-lead counsel in the General Motors faulty ignition switch multidistrict litigation say in a June 10 brief that General Motors LLC is asking for too much by asking each plaintiff to fill out a spread sheet that details his or her claims and ask the judge overseeing the MDL to deny the company's motion for additional discovery (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).

Mealey's Litigation Procedure - Magistrate Judge Says Reinsurance Case Audit Materials Are Privileged

NEW YORK - A federal magistrate judge in New York on June 10 found that the product of an audit related to a reinsurance dispute is privileged under the work product doctrine (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.; 2016 U.S. Dist. LEXIS 75906).

Mealey's Toxic Tort/Environmental - Federal Judge Denies UPS Partial Summary Judgment In Tobacco Trafficking Suit

NEW YORK - A federal judge in New York on June 10 denied United Parcel Service Inc.'s motion for partial summary judgment on claims brought by the State of New York and New York City under the U.S. Prevent All Cigarette Trafficking Act (PACT Act) and the New York Public Health Law (PHL) because the plaintiffs have presented "sufficient factual matter to raise triable issue as to whether UPS is entitled to exemption under the PACT Act" (The State of New York, et al. v. United Parcel Service Inc., No. 15-cv-1136, S.D. N.Y.).

Mealey's Insurance - Magistrate Judge Says Reinsurance Case Audit Materials Are Privileged

NEW YORK - A federal magistrate judge in New York on June 10 found that the product of an audit related to a reinsurance dispute is privileged under the work product doctrine (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.; 2016 U.S. Dist. LEXIS 75906).

Mealey's IP/Tech - 2nd Circuit Amends Injunction In Trademark Dispute

NEW YORK - Although agreeing with a New York federal judge that a trademark plaintiff is entitled to permanent injunctive relief, the Second Circuit U.S. Court of Appeals on June 13 found that the relief ordered is insufficient to protect the public from confusion going forward (Guthrie Healthcare System v. ContextMedia Inc. and Rishi Shah, Nos. 14-3343 & 14-3728, 2nd Cir.; 2016 U.S. App. LEXIS 10662).

Mealey's Bankruptcy - Johns-Manville Fund Closed After Paying $76M To Asbestos Claimants

POUGHKEEPSIE, N.Y. - A fund established in the Chapter 11 case of Johns-Manville Corp. paid more than $76 million to 17,111 asbestos personal injury claimants before the fund was terminated in May, according to the fund's final report, filed June 10 in New York federal bankruptcy court (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy.).

Mealey's Insurance - Pollution Exclusion Bars Coverage For Contamination Arising Out Of Sewer Work

BUFFALO, N.Y. - An insurer has no duty to defend an insured plumbing company for an underlying suit arising out of the discharge of hazardous chemicals into nearby homes while the insured was refurbishing a sewer system because the policy's pollution exclusion clearly bars coverage, a New York federal judge said June 10 (Cincinnati Insurance Co. v. Roy's Plumbing Inc., et al., No. 13-1000, W.D. N.Y.; 2016 U.S. Dist. LEXIS 75958).

Mealey's Litigation Procedure - New York High Court: Attorney-Client Privilege Must Relate To Litigation

ALBANY, N.Y. - Reversing an appeals court's ruling, a New York Court of Appeals majority on June 9 held that the attorney-client privilege is waived when purportedly confidential documents sought via discovery are shared with a separately represented third party without "pending or reasonably anticipated litigation" (Ambac Assurance Corp., et al. v. Countrywide Home Loans Inc., et al., No. 80, N.Y. App.; 2016 N.Y. LEXIS 1649; 2016 NY Slip Op 04439).