LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Excludes Expert, Awards Colgate Judgment In Suit By Expelled Student

SYRACUSE, N.Y. - An expert witness for a former college student who was kicked out of school for allegedly sexually assaulting three female students cannot testify about the "presumption of trauma" for rape victims or any other aspect of the accused's human rights case against the college because her testimony is "replete with speculation, improper legal conclusions, and opinions that she is unqualified to make," a New York federal judge ruled Oct. 31 (John Doe v. Colgate University, et al., No. 5:15-cv-1069, N.D. N.Y., 2017 U.S. Dist. LEXIS 180267).

Mealey's Litigation Procedure - Insurer, Reinsurer Seek Fact Discovery Extension In New York Federal Suit

NEW YORK - In a reinsurance coverage dispute for a trucking accident, an insurer on Oct. 26 filed a letter with a New York federal court, seeking an extension for it and a reinsurer on a discovery deadline because a dispute remains in the underlying action concerning any interest owed by the insurer (Endurance Assurance Corp. v. Florists' Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).

Mealey's Insurance - Insurer, Reinsurer Seek Fact Discovery Extension In New York Federal Suit

NEW YORK - In a reinsurance coverage dispute for a trucking accident, an insurer on Oct. 26 filed a letter with a New York federal court, seeking an extension for it and a reinsurer on a discovery deadline because a dispute remains in the underlying action concerning any interest owed by the insurer (Endurance Assurance Corp. v. Florists' Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).

Mealey's Insurance - District Court Properly Found Insurer Did Not Act In Bad Faith, Panel Says

NEW YORK - A district court properly found that an insurer did not act in bad faith when handling an insurer's claim related to the settlement of an underlying personal injury suit arising out of a boating accident because the insured failed to prove that the insurer acted with gross disregard of the insured's interest, the Second Circuit U.S. Court of Appeals said Oct. 27 (Sea Tow International Inc. v. St. Paul Fire & Marine Insurance Co., et al., No. 16-3672, 2nd Cir., 2017 U.S. App. LEXIS 21308).

Mealey's Litigation Procedure - Insurer Opposes Reinsurer's Bid For Exclusion Of Notice Argument, Expert Testimony

UTICA, N.Y. - In a dispute over a $325 million settlement of asbestos claims, an insurer in an Oct. 25 letter asks a New York federal court to deny a reinsurer's request to preclude a constructive notice argument, the use of prior court decisions and settlements and expert testimony (Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co., No. 09-00853, N.D. N.Y.).

Mealey's Insurance - Insurer Opposes Reinsurer's Bid For Exclusion Of Notice Argument, Expert Testimony

UTICA, N.Y. - In a dispute over a $325 million settlement of asbestos claims, an insurer in an Oct. 25 letter asks a New York federal court to deny a reinsurer's request to preclude a constructive notice argument, the use of prior court decisions and settlements and expert testimony (Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co., No. 09-00853, N.D. N.Y.).

Mealey's Securities/D&O Liability - Deutsche Bank To Pay $220M To Settle LIBOR Rigging Allegations

NEW YORK - Deutsche Bank AG will pay $220 million to settle claims with the attorneys general of 44 states and the District of Columbia that it manipulated the U.S. Dollar London Interbank Offered Rate (LIBOR) and other benchmark interest rates, according to a press release issued Oct. 25 by New York Attorney General Eric Schneiderman.

Mealey's PI/Product Liability - 2nd Circuit Affirms Exclusion Of Mirena MDL Experts, Termination Of Litigation

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 24 affirmed the exclusion of general causation experts in the Mirena multidistrict litigation and a court order terminating the MDL before any trials were held (In Re: Mirena IUD Products Liability Litigation, Mirena MDL Plaintiffs v. Bayer HealthCare Pharmaceuticals, Inc., Nos. 16-2890 and 16-3012, 2nd Cir., 2017 U.S. App. LEXIS 20875).

Mealey's Insurance - Insurers: 'Follow-The-Form' Provision Needs Concurrency With Insurance, Reinsurance

NEW YORK - The New York Court of Appeals on Oct. 19 accepted an amicus curiae brief by insurers arguing that the "follow-the-form" provision mandates concurrency between insurance and reinsurance in the context of expense coverage (Global Reinsurance Corporation of America v. Century Indemnity Co., No. CTQ-2016, 0005, N.Y. App., 2017 N.Y. LEXIS 3118).

Mealey's Labor & Employment - New York Federal Judge Won't Reinstate Prudence, Monitoring Claims Against NYU

NEW YORK - A New York federal judge on Oct. 19 declined to reconsider a prudence claim and a failure-to-monitor claim brought by plaintiffs in an Employee Retirement Income Security Act lawsuit accusing New York University (NYU) of breach of fiduciary duty, finding that the plaintiffs failed to present sufficient evidence to support either claim (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 1:16-cv-6284, S.D. N.Y., 2017 U.S. Dist. LEXIS 173599).

Mealey's Insurance - Judge: New York Insureds Failed To Submit Timely Proof Of Loss In Flood Dispute

ROCHESTER, N.Y. - A New York federal judge on Oct. 23 granted a federal flood insurer's motion for summary judgment in a flood coverage dispute, finding that the insureds failed to timely submit a signed and sworn proof of loss for all their alleged damages caused by a June 1, 2015, flood (John Scharr, et al. v. Selective Insurance Company of New York, et al., No. 16-06821, W.D. N.Y., 2017 U.S. Dist. LEXIS 175222).

Mealey's Litigation Procedure - 2nd Circuit Vacates $185M ICSID Arbitration Award Issued Against Romania

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Oct. 23 found that a district court erred when it granted an ex parte petition filed by a group of Swedish investors to confirm a $185,530,618 international arbitral award issued against Romania, finding that the court erred in concluding that the Foreign Sovereign Immunities Act (FSIA) did not apply (Ioan Micula, et al. v. Government of Romania, No. 15-3109-cv, 2nd Cir.).

Mealey's Litigation Procedure - Rapid-American Seeks Protective Order For Insurers' Subpoenas

NEW YORK - A declaratory insurance coverage action filed by Chapter 11 debtor Rapid-American Corp. is not the proper vehicle for insurers to use in search of evidence of fraud in the asbestos trust system, the debtor says in an Oct. 20 motion and memorandum seeking protection from the insurers' subpoenas in New York federal bankruptcy court (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Insurance - Rapid-American Seeks Protective Order For Insurers' Subpoenas

NEW YORK - A declaratory insurance coverage action filed by Chapter 11 debtor Rapid-American Corp. is not the proper vehicle for insurers to use in search of evidence of fraud in the asbestos trust system, the debtor says in an Oct. 20 motion and memorandum seeking protection from the insurers' subpoenas in New York federal bankruptcy court (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Bankruptcy - Rapid-American Seeks Protective Order For Insurers' Subpoenas

NEW YORK - A declaratory insurance coverage action filed by Chapter 11 debtor Rapid-American Corp. is not the proper vehicle for insurers to use in search of evidence of fraud in the asbestos trust system, the debtor says in an Oct. 20 motion and memorandum seeking protection from the insurers' subpoenas in New York federal bankruptcy court (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

Mealey's Litigation Procedure - Venezuelan Ministry Says Crystallex Cannot Obtain Trust Assets To Satisfy Award

NEW YORK - The Ministry of Defense of the Bolivarian Republic of Venezuela on Oct. 16 moved a New York federal court to dismiss a petition filed by a Canadian company that seeks to obtain payment from a trust held by a bank to satisfy a $1.2 billion arbitral award, arguing that the requested assets are immune from execution under the Foreign Sovereign Immunities Act (FSIA) (Crystallex International Corp. v. The Bank of New York Mellon, No. 1:17-cv-07024, S.D. N.Y.).

Mealey's Insurance - Panel: Environmental Claim To Insolvent Insurer Is Barred By Res Judicata

NEW YORK - A New York appeals court affirmed on Oct. 12 that an insured's environmental claim submitted to an insolvent insurer is barred by res judicata and collateral estoppel, based on prior rulings on the same claim and issues (Northern States Power Co. v. Maria T. Vullo, No. 41294/86, N.Y. App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 7195).

Mealey's Insurance - N.Y. Federal Judge Says Disability Claimant's Request Was Properly Denied

NEW YORK - A New York federal judge on Oct. 12 overruled a disability claimant's objections to a magistrate judge's order denying the claimant's request for statistical information on claim acceptance rates by a disability insurer after determining that the requested statistics do not directly relate to the disability claim at issue (Cherylle McFarlane v. First Unum Life Insurance Co., No. 16-7806, S.D. N.Y., 2017 U.S. Dist. LEXIS 169052).

Mealey's Labor & Employment - Panel Affirms Dismissal, Says Plan Participant Failed To Prove Breach Occurred

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 11 affirmed a Connecticut federal judge's dismissal of a retirement plan participant's suit alleging that the plan's service provider breached its fiduciary duties, determining that the plan participant failed to prove that a fee-sharing agreement between the service provider and the plan was a violation of the Employee Retirement Income Security Act (Richard A. Rosen v. Prudential Retirement Insurance and Annuity Co., No. 17-0239, 2nd Cir., 2017 U.S. App. LEXIS 19821).

Mealey's Litigation Procedure - Judge Grants Preliminary Approval Of $28.5M Settlement In IPO Suit

NEW YORK - A federal judge in New York on Oct. 11 granted preliminary approval of a $28.5 million securities class action settlement between shareholders and a global eCommerce company and others, ruling that the proposed settlement offer is fair, reasonable and adequate (In re Cnova N.V. Securities Litigation, No. 16-444, S.D. N.Y.).

Mealey's PI/Product Liability - N.Y. Court Told To Nix Asbestos Punitive Damages, Safeguard Trust Transparency

NEW YORK - An appeals court should vacate a provision of the new case management order allowing for punitive damages in asbestos cases and vacate or amend a provision governing how asbestos bankruptcy trust claims are handled, an amicus curiae group told the court on Oct. 10 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., App. Div., 1st Dept.).

Mealey's Litigation Procedure - N.Y. Court Told To Nix Asbestos Punitive Damages, Safeguard Trust Transparency

NEW YORK - An appeals court should vacate a provision of the new case management order allowing for punitive damages in asbestos cases and vacate or amend a provision governing how asbestos bankruptcy trust claims are handled, an amicus curiae group told the court on Oct. 10 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., App. Div., 1st Dept.).

Mealey's Toxic Tort/Environmental - N.Y. Court Told To Nix Asbestos Punitive Damages, Safeguard Trust Transparency

NEW YORK - An appeals court should vacate a provision of the new case management order allowing for punitive damages in asbestos cases and vacate or amend a provision governing how asbestos bankruptcy trust claims are handled, an amicus curiae group told the court on Oct. 10 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., App. Div., 1st Dept.).

Mealey's Securities/D&O Liability - Judge Grants Preliminary Approval Of $28.5M Settlement In IPO Suit

NEW YORK - A federal judge in New York on Oct. 11 granted preliminary approval of a $28.5 million securities class action settlement between shareholders and a global eCommerce company and others, ruling that the proposed settlement offer is fair, reasonable and adequate (In re Cnova N.V. Securities Litigation, No. 16-444, S.D. N.Y.).

Mealey's Insurance - Insurer Cannot Recover Amounts Over 'Reinsurance Accepted' Limit, Panel Says

ROCHESTER, N.Y. - An insurer is not entitled to recover any amounts exceeding the "reinsurance accepted" amount set forth in reinsurance certificates, a New York appeals panel ruled Oct. 6 (Utica Mutual Insurance Co. v. Alfa Mutual Insurance Co., et al., No. 17-00305, N.Y. Sup., App. Div., 4th Dept., 2017 N.Y. App. Div. LEXIS 7064).