LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Investment Firm Says It Is Entitled To $140M From ICSID Arbitral Award

NEW YORK - A global finance and investment firm on July 22 announced that it is entitled to about $140 million from a recent arbitral award issued by the International Centre for Settlement of Investment Disputes (ICSID) in a treaty dispute between two Spanish companies and the Argentine Republic.

Mealey's Bankruptcy - GM's Suit Against Manville Trust Barred By Injunction, Bankruptcy Judge Rules

POUGHKEEPSIE, N.Y. - General Motors LLC cannot sue Johns-Manville Corp.'s asbestos personal injury trust in Ohio state court to recover money for payments made to a widow because GM's claim for contribution is barred by the decades-old injunction issued in Johns-Manville's Chapter 11 case, a New York federal bankruptcy judge held July 24 (In re Johns-Manville Corporation, et al., No. 82-11656 [General Motors LLC v. Manville Personal Injury Settlement Trust, et al., No. 1:17-ap-1032], S.D. N.Y. Bkcy.).

Mealey's Insurance - Wire Transfer Theft Covered Under Computer Fraud Policy Clause, Judge Rules

NEW YORK - A firm's loss due to a fraudulent wire transfer scheme constituted computer fraud even though the thief used email spoofing rather than hacking into the company's system, a New York federal judge ruled July 21, finding that coverage for the multimillion dollar loss existed under the computer fraud provision of the company's executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 1:15-cv-00907, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - 11 Attorneys General Sue EPA For Delaying Rules Regarding Chemical Accident Safety

WASHINGTON, D.C. - The attorneys general of 11 states on July 24 filed a lawsuit against the U.S. Environmental Protection Agency in the District of Columbia Circuit U.S. Court of Appeals seeking review of the EPA's decision to delay implementation of federal requirements preventing the release of toxic chemicals by chemical companies (State of New York, et al. v. E. Scott Pruitt, et al., No. 17-1181, D.C. Cir.).

Mealey's IP/Tech - Wire Transfer Theft Covered Under Computer Fraud Policy Clause, Judge Rules

NEW YORK - A firm's loss due to a fraudulent wire transfer scheme constituted computer fraud even though the thief used email spoofing rather than hacking into the company's system, a New York federal judge ruled July 21, finding that coverage for the multimillion dollar loss existed under the computer fraud provision of the company's executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 1:15-cv-00907, S.D. N.Y.).

Mealey's Insurance - Nebraska High Court: Insurer Has No Right To Assert Breach Of Reinsurance Agreement

LINCOLN, Neb. - A workers' compensation insurer and a reinsurer's billing agent have no standing to bring a claim for breach of a "Reinsurance Participation Agreement" (RPA), the Nebraska Supreme Court ruled July 21, dismissing their case (Applied Underwriters Inc., et al. v. S.E.B. Services of New York Inc., et al., No. S-16-496, Neb. Sup., 2017 Neb. LEXIS 132).

Mealey's PI/Product Liability - New York Appellate Court Stays Most Of New Asbestos CMO

NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - 2nd Circuit: FMLA Retaliation Claims Require Motivating Factor Causation Standard

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 19 vacated a jury verdict for an employer in a Family and Medical Leave Act (FMLA) lawsuit, finding that the retaliation claims brought by the employee required only a "motivating factor" causation standard and that the employee was unduly prejudiced when the jury was permitted to infer that the employee would have answered "yes" to relevant questions at her deposition (Cassandra Woods v. START Treatment & Recovery Centers, Inc., No. 16-1318, 2nd Cir., 2017 U.S. App. LEXIS 13038).

Mealey's Litigation Procedure - 2nd Circuit Upholds Decision To Vacate $57M Malaysian Arbitral Award

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 20 affirmed a district court's decision to vacate its previous order confirming a $57 million arbitral award issued against the Government of The Lao People's Democratic Republic, finding that the lower court did not err when it gave priority to a Malaysian court ruling to annul the award (Thai-Lao Lignite [Thailand] Co. Ltd., et al. v. Government of The Lao People's Democratic Republic, Nos. 14-597, 14-1052, 14-1497, 2nd Cir., 2017 U.S. App. LEXIS 13065).

Mealey's Toxic Tort/Environmental - New York Appellate Court Stays Most Of New Asbestos CMO

NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/88 782000/2017, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby Konstantin, et al. v. Aetna Casualty & Surety Co., et al., No. 652897/2013, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 2697).

Mealey's Insurance - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby Konstantin, et al. v. Aetna Casualty & Surety Co., et al., No. 652897/2013, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 2697).

Mealey's Toxic Tort/Environmental - Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment

NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby Konstantin, et al. v. Aetna Casualty & Surety Co., et al., No. 652897/2013, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 2697).

Mealey's Toxic Tort/Environmental - New York Justice Denies Stay While Defendants Appeal New Asbestos CMO

NEW YORK - The justice recently appointed to oversee the New York City asbestos litigation (NYCAL) said July 18 that he would not stay implementation of the case management order (CMO) issued by the previous coordinating justice while the defendants appeal, sources told Mealey Publications (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/88 782000/2017, N.Y. Sup., New York Co.).

Mealey's Securities/D&O Liability - 2nd Circuit Overturns Convictions In Rabobank LIBOR Criminal Proceedings

NEW YORK - In what the Second Circuit U.S. Court of Appeals is calling the first criminal appeal related to the London Interbank Offered Rate (LIBOR) to reach a federal appellate court, the appeals court on July 19 overturned the convictions of two former employees of Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A. (Rabobank), ruling that a district court erred in allowing compelled testimony because it is not allowed in U.S. criminal cases even when it was compelled by a foreign sovereign (United States of America v. Anthony Allen, et al., Nos. 16-898-cr and 16-939-cr, 2nd Cir.).

Mealey's Insurance - 2nd Circuit Panel Remands Judgment In Contamination Dispute For Proper Allocation

NEW YORK - The Second Circuit U.S. Court of Appeals on July 18 vacated and remanded a judgment entered against an insurer in an environmental contamination coverage dispute after determining that the damages must be allocated in accordance with the all sums, vertical exhaustion method outlined in a 2016 decision by the New York Court of Appeals (Olin Corp. v. OneBeacon America Insurance Co., et al., No. 15-2047, 2nd Cir., 2017 U.S. App. LEXIS 12939).

Mealey's Litigation Procedure - Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond

NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (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 Bankruptcy - Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond

NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (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 Labor & Employment - Class Suing Over Cash For Overtime Is Certified By New York Federal Judge

NEW YORK - A New York federal judge on July 14 certified an employee class suing over improper payroll records and for being paid by check for up to 40 hours per week and by cash, but at their regular hourly wage, for any time worked above 40 and granted a motion to amend the complaint and dismiss named plaintiff Vinicio Samaniego (Samaniego, et al. v. Titanium Construction Services, Inc., et al., No. 16-1113, S.D. N.Y., 2017 U.S. Dist. LEXIS 109727).

Mealey's Litigation Procedure - Class Suing Over Cash For Overtime Is Certified By New York Federal Judge

NEW YORK - A New York federal judge on July 14 certified an employee class suing over improper payroll records and for being paid by check for up to 40 hours per week and by cash, but at their regular hourly wage, for any time worked above 40 and granted a motion to amend the complaint and dismiss named plaintiff Vinicio Samaniego (Samaniego, et al. v. Titanium Construction Services, Inc., et al., No. 16-1113, S.D. N.Y., 2017 U.S. Dist. LEXIS 109727).

Mealey's Insurance - Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond

NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (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 PI/Product Liability - Eliquis MDL Judge OKs Motion Ending Plaintiff Leadership After Cases Dismissed

NEW YORK - The New York federal judge overseeing the Eliquis multidistrict litigation on July 17 granted a motion to relieve the plaintiffs' leadership of its duties after the court effectively dismissed most of the MDL cases (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2745, S.D. N.Y.).

Mealey's Litigation Procedure - Reinsurer Declines To Oppose Insured's Motion To Intervene In Dispute Over $5M Claim

NEW YORK - A Brazilian reinsurer told a New York federal court on July 14 that it will not oppose a steel maker's request to intervene in an insurer's lawsuit seeking to require the reinsurer to cover a $5 million settlement with the insured under an arbitration award (National Indemnity Co. v. IRB Brasil Resseguros S.A., No. 15-3975, S.D. N.Y.).

Mealey's Securities/D&O Liability - 2nd Circuit Panel Affirms ERISA Claims Dismissal, OKs Securities Claim Amendment

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 13 affirmed the dismissal of retired Booz Allen Hamilton officers' Employee Retirement Income Security Act claims because the plan through which Booz Allen distributed its stock to employees was not an employee pension benefit plan within the meaning of ERISA but vacated the judgment to the extent that it denied the motion by one plaintiff for leave to amend to add securities fraud claims (Bruce Pasternack, et al. v. Ralph W. Shrader, et al., No. 16-217, 2nd Cir., 2017 U.S. App. LEXIS 12513).