LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Panel: Employers Liability Exclusion Is Ambiguous; Insurer Owes Defense, Indemnity

NEW YORK - The Second Circuit U.S. Court of Appeals on July 10 affirmed a lower federal court's conclusion that a commercial general liability insurance policy's "Employers Liability Exclusion" is ambiguous as a matter of law, further finding that the insurer has both a duty to defend and indemnify its insured (Hastings Development LLC v. Evanston Insurance Co., Nos. 15-3816 and 15-4085, 2nd Cir., 2017 U.S. App. LEXIS 12225).

Mealey's Litigation Procedure - Panel Partially Overturns Class Certification Order In Securities Lawsuit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 7 partially overturned a federal judge's class certification order, ruling that the judge failed to properly consider the U.S. Supreme Court's ruling in Morrison v. National Australia Bank, Ltd. in certifying two classes of investors in a securities class action lawsuit (In re Petrobras Securities Litigation, No. 16-1914, 2nd Cir., 2017 U.S. App. LEXIS 12219).

Mealey's IP/Tech - Dungaree Maker Tells 2nd Circuit 2003 Agreement Bars Trademark Claims

NEW YORK - A New Jersey-based dungaree manufacturer argues in a July 10 brief in the Second Circuit U.S. Court of Appeals that a 2003 agreement that settled a previous trademark dispute with a rival clothier serves to bar the present trademark claims brought against it by that same company (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).

Mealey's IP/Tech - Twitter Users Sue Trump, Allege 1st Amendment Violation In Account Blocking

NEW YORK - The blocking of Twitter users from President Donald J. Trump's account violates the First Amendment to the U.S. Constitution, a group of blocked users and a free speech advocacy organization assert in a complaint filed against the president and two of his staffers July 11 in New York federal court (Knight First Amendment Institute at Columbia University, et al. v. Donald J. Trump, et al., No. 1:17-cv-05205, S.D. N.Y.).

Mealey's Securities/D&O Liability - Panel Partially Overturns Class Certification Order In Securities Lawsuit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 7 partially overturned a federal judge's class certification order, ruling that the judge failed to properly consider the U.S. Supreme Court's ruling in Morrison v. National Australia Bank, Ltd. in certifying two classes of investors in a securities class action lawsuit (In re Petrobras Securities Litigation, No. 16-1914, 2nd Cir., 2017 U.S. App. LEXIS 12219).

Mealey's Insurance - Panel: Employers Liability Exclusion Is Ambiguous; Insurer Owes Defense, Indemnity

NEW YORK - The Second Circuit U.S. Court of Appeals on July 10 affirmed a lower federal court's conclusion that a commercial general liability insurance policy's "Employers Liability Exclusion" is ambiguous as a matter of law, further finding that the insurer has a duty to both defend and indemnify its insured (Hastings Development LLC v. Evanston Insurance Co., Nos. 15-3816 and 15-4085, 2nd Cir., 2017 U.S. App. LEXIS 12225).

Mealey's Litigation Procedure - 2nd Circuit Panel Affirms Foot Locker Pension Plan Must Be Reformed

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 6 affirmed a New York federal judge's ruling in favor of a class of about 16,000 former and current employees of Foot Locker Inc. seeking additional pension benefits, holding that classwide relief in the form of reformation does not require a showing of individualized detrimental reliance (Geoffrey Osberg, et al. v. Foot Locker Inc., et al., No. 15-3602, 2nd Cir., 2017 U.S. App. LEXIS 12041).

Mealey's Insurance - Specialty Reinsurer Opposes Motion To Strike $15M Bond In Bid To Arbitrate Dispute

NEW YORK - A foreign specialty reinsurer asked a New York federal bankruptcy court on July 6 not to strike a $15 million posted bond at the request of a defunct brokerage company as the bond was required before the court's consideration of a request to arbitrate the coverage dispute in Bermuda (In re: MF Global Holdings Ltd., et al. MF Global Holdings Ltd. as plan administrator, and MF Global Assigned Assets LLC v. Allied World Assurance Company Ltd., et al., Chapter 11 No. 11-15059, Adv. Proc. No. 16-01251, S.D. N.Y. Bkcy.).

Mealey's IP/Tech - New York Federal Copyright Claim Against Associated Press Survives Motion

NEW YORK - A request by The Associated Press and Hearst Communications Inc. for judgment on the pleadings on allegations that they committed copyright infringement was denied July 7 by a New York federal judge, who found that material issues of disputed fact exist with regard to the date the infringement first took place (Michael Grecco v. The Associated Press, et al., No. 16-6240, S.D. N.Y., 2017 U.S. Dist. LEXIS 105264).

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Foot Locker Pension Plan Must Be Reformed

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 6 affirmed a New York federal judge's ruling in favor of a class of about 16,000 former and current employees of Foot Locker Inc. seeking additional pension benefits, holding that classwide relief in the form of reformation does not require a showing of individualized detrimental reliance (Geoffrey Osberg, et al. v. Foot Locker Inc., et al., No. 15-3602, 2nd Cir., 2017 U.S. App. LEXIS 12041).

Mealey's Litigation Procedure - Judge Stays $5M Lawsuit Pending Insurer's Review Of Reinsurer's Brazilian Suit

NEW YORK - A New York federal judge on July 5 stayed an insurer's proceeding seeking to enforce confirmation of an arbitration award that requires a reinsurer to cover a $5 million settlement with a steel maker, finding that the reinsurer has filed a lawsuit against the insurer in a Brazilian court (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

Mealey's Insurance - Judge Stays $5M Lawsuit Pending Insurer's Review Of Reinsurer's Brazilian Suit

NEW YORK - A New York federal judge on July 5 stayed an insurer's proceeding seeking to enforce confirmation of an arbitration award that requires a reinsurer to cover a $5 million settlement with a steel maker, finding that the reinsurer has filed a lawsuit against the insurer in a Brazilian court (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

Mealey's PI/Product Liability - Court Reverses Judgment In Asbestos Case Against 3 Scientific Products Companies

ALBANY, N.Y. - Three scientific equipment suppliers simply attempt to poke holes in a woman's evidence and do not eliminate the possibility that they supplied asbestos-containing products to her employer, a New York appeals court held in reversing summary judgment June 6 (Eileen A. O'Connor, et al. v. Aerco International Inc. and Fisher Scientific Co. LLC, et al., No. 523122, N.Y. Sup. App. Div., 3rd Dept., 2017 N.Y. App. Div. LEXIS 5355).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Fee Award In Patent Case

NEW YORK - A December 2016 ruling that a patent plaintiff and its attorneys pursued their case in bad faith will not be revisited, a New York federal judge ruled July 6 (AlphaCap Ventures LLC v. Gust Inc., No. 15-6192, S.D. N.Y., 2017 U.S. Dist. LEXIS 104411).

Mealey's Insurance - Magistrate: Flood Exclusion Bars Coverage For Chocolate Maker's Sandy Damage

CENTRAL ISLIP, N.Y. - A New York federal magistrate judge held June 30 that a chocolate manufacturer insured's claimed damage was indisputably caused by "storm surge" or "storm tide" associated with Superstorm Sandy, and, therefore, coverage is barred by its insurance policy's flood exclusion, recommending the insurer's motion for summary judgment be granted (Madelaine Chocolate Novelties, Inc. d/b/a The Madelaine Chocolate Co. v. Great Northern Insurance Co., No. 15-5830, E.D. N.Y., 2017 U.S. Dist. LEXIS 103015).

Mealey's Insurance - Appeals Court Finds Judge Erred When Denying Motion To Strike Juror

NEW YORK - A New York appeals panel on July 5 ordered a new trial for a man who was convicted of insurance fraud and grand larceny in the second degree after finding that the presiding judge erred when denying the defendant's motion to strike a juror who worked for the insurance company that paid the benefits he wrongfully obtained (People v. George O. Guldi, Nos. 2011-03187, 2011-09167, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 5300).

Mealey's Toxic Tort/Environmental - Court Reverses Judgment In Asbestos Case Against 3 Scientific Products Companies

ALBANY, N.Y. - Three scientific equipment suppliers simply attempt to poke holes in a woman's evidence and do not eliminate the possibility that they supplied asbestos-containing products to her employer, a New York appeals court held in reversing summary judgment June 6 (Eileen A. O'Connor, et al. v. Aerco International Inc. and Fisher Scientific Co. LLC, et al., No. 523122, N.Y. Sup. App. Div., 3rd Dept., 2017 N.Y. App. Div. LEXIS 5355).

Mealey's PI/Product Liability - New York Appeals Panel Affirms Summary Judgment In Wrongful Death Suit

NEW YORK - A New York appeals panel on July 5 affirmed a trial court's grant of summary judgment to government defendants in a wrongful death lawsuit after finding that the government defendants were not liable for the negligence of their employees (Cynthia Rennix, et al., v. Melissa Jackson, et al., No. 2014-05034, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 5307).

Mealey's Litigation Procedure - Brazilian Reinsurer Says It Is Not Responsible For $5M Arbitration Award

NEW YORK - In its June 27 sur-reply, a Brazilian reinsurer tells a New York federal court that it has no duty to pay $5 million under an arbitration award to cover an insurer's settlement with a steel maker in a related dispute because the settlement removed the reinsurer's obligation to pay up (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

Mealey's Insurance - Brazilian Reinsurer Says It Is Not Responsible For $5M Arbitration Award

NEW YORK - In its June 27 sur-reply, a Brazilian reinsurer tells a New York federal court that it has no duty to pay $5 million under an arbitration award to cover an insurer's settlement with a steel maker in a related dispute because the settlement removed the reinsurer's obligation to pay up (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

Mealey's Insurance - Judge Denies Specialty Reinsurer's Leave To Appeal Preliminary Injunction Order

NEW YORK - A New York federal judge on June 29 denied leave for a foreign specialty reinsurance company to appeal a preliminary injunction order and contempt order issued in a bankruptcy court in a coverage dispute with its insured (MF Global Holdings Ltd., as plan administrator, and MF Global Assigned Assets LLC v. Allied World Assurance Co. Ltd., et al., Nos. 17-742 & 17-953, S.D. N.Y., 2017 U.S. Dist. LEXIS 101293).

Mealey's Litigation Procedure - Supreme Court Declines Review Of American Pipe Tolling Clarification Suit

WASHINGTON, D.C. - The U.S. Supreme Court on June 27 decided not to grant review of a New York federal court's dismissal of a securities class action lawsuit to determine whether the district court erred in ruling that investors' claims were not timely in contradiction of the high court's ruling in American Pipe & Construction Co. v. Utah (Russell Dusek, et al. v. JPMorgan Chase & Co., et al., No. 16-389, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 3491).

Mealey's Litigation Procedure - 2nd Circuit Panel Denies Appeal Of Ruling Certifying J.P. Morgan ERISA Class

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 denied a petition to appeal a New York federal judge's order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying "an immediate appeal is unwarranted" (In re J.P. Morgan Stable Value Fund ERISA Litigation, No. 17-1091, 2nd Cir.).

Mealey's PI/Product Liability - New York Justice Relies On New Asbestos CMO In Ordering Consolidation

NEW YORK - Citing a recently instituted asbestos case management order, a New York justice in an opinion posted June 26 ordered two consolidated trial groups, one consisting of two plaintiffs and one of three plaintiffs, as well as ordering separate trials for four others. The plaintiffs had asked the court for three trial groups (Robert Duane Altman and Nancy Brown Altman, et al., No. 190012/16, N.Y. Sup., New York Co.).

Mealey's Insurance - Specialty Reinsurance Company Posts $15M Bond In Order To Pursue Arbitration Bid

NEW YORK - A foreign specialty reinsurance company told a New York federal bankruptcy court on June 26 that it posted a $15 million bond, which was required before the court's consideration of a request to arbitrate a coverage dispute against a defunct brokerage company in Bermuda (In re: MF Global Holdings Ltd., et al. MF Global Holdings Ltd. as plan administrator, and MF Global Assigned Assets LLC v. Allied World Assurance Company Ltd., et al., Chapter 11 No. 11-15059, Adv. Proc. No. 16-01251, S.D. N.Y. Bkcy.).