LexisNexis® Legal Newsroom
Mealey's Banking & Finance - New York Federal Judge Transfers TILA Action Against Lenders To Arizona

NEW YORK - A New York federal magistrate judge on Nov. 1 granted a motion to transfer a declaratory relief action filed against a bank and lender, finding that the case should be heard in the U.S. District Court for the District of Arizona (Raymond A. Ribail v. Bank of America, N.A., et al., No. 16-CV-04678, S.D. N.Y.; 2016 U.S. Dist. LEXIS 152068).

Mealey's Banking & Finance - Federal Judge Finds Borrower Lacks Standing To Bring Claims Against MERS

UTICA, N.Y. - After finding that a former property owner lacked standing to sue a lender for breach of contract and that she failed to allege that she held title to the property, a New York federal judge on Nov. 1 granted the lender's motion to dismiss the complaint for failure to state a claim (Cynthia Zap v. Mortgage Electronic Registration Systems Inc., No. 6:15-cv-00624, N.D. N.Y.; 2016 U.S. Dist. LEXIS 150988).

Mealey's Litigation Procedure - In-Store Promotion Services Monopoly Class Suit Settled For $244 Million

NEW YORK - A New York federal judge on Oct. 31 granted approval of a $244 million settlement to be paid by in-store promotion (ISP) services providers accused of creating a monopoly; however, the judge rejected the plaintiffs' counsel's request for an award of $73.2 million and instead awarded $48,825,000 (Dial Corp, et al. v. News Corporation, et al., No. 13-6802, S.D. N.Y.; 2016 U.S. Dist. LEXIS 150528).

Mealey's Litigation Procedure - 2nd Circuit Refuses To Rehear Appeal Of Order Confirming $400M Award

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 1 refused to reconsider its previous decision to affirm a district court's order confirming a $400 million arbitral award issued in favor of a Mexican corporation in a dispute over underlying contracts for the construction of offshore platforms (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y, No. 13-4022, 2nd Cir.).

Mealey's Labor & Employment - Rite Aid May Ask New York Plaintiffs Limited Questions About California Plaintiffs

NEW YORK - A New York federal magistrate judge issued an opinion on Oct. 31 granting Rite Aid Corp. permission to question three plaintiffs in an ongoing New York collective and class wage suit about their supervision of certain plaintiffs in current California wage suits without the plaintiffs' counsel present (Yatram Indergit, et al. v. Rite Aid Corporation, et al., No. 08-9361, S.D. N.Y.; 2016 U.S. Dist. LEXIS 150565).

Mealey's Litigation Procedure - Rite Aid May Ask New York Plaintiffs Limited Questions About California Plaintiffs

NEW YORK - A New York federal magistrate judge issued an opinion on Oct. 31 granting Rite Aid Corp. permission to question three plaintiffs in an ongoing New York collective and class wage suit about their supervision of certain plaintiffs in current California wage suits without the plaintiffs' counsel present (Yatram Indergit, et al. v. Rite Aid Corporation, et al., No. 08-9361, S.D. N.Y.; 2016 U.S. Dist. LEXIS 150565).

Mealey's PI/Product Liability - Judge Won't Reconsider Third-Party Parts Liability Ruling

ALBANY, N.Y. - Out-of-state rulings on a manufacturers' liability for third-party parts do not require reconsideration of a ruling and a recent ruling by New York's top court moots any concern of prejudice, a federal judge held Oct. 27 (Pearl Osterhout, et al. v. Crane Co.; FMC Corp., et al., No. 14-208, N.D. N.Y.; 2016 U.S. Dist. LEXIS 148819).

Mealey's Insurance - Judge Amends Judgment To State Confirmation Of Reinsurance Arbitration Awards

NEW YORK - A federal judge in New York on Oct. 28 issued an amended judgment specifically noting that a pair of reinsurance arbitration awards were confirmed by the court (Nutmeg Insurance Company, et al. v. Employers Insurance of Wausau A Mutual Company, No. 16-cv-00317, S.D. N.Y.).

Mealey's Litigation Procedure - New York Appeals Panel: Ex-Franchisees Entitled To Unemployment Benefits

ALBANY, N.Y. - A New York appellate panel on Oct. 27 upheld a state Unemployment Insurance Appeal Board ruling that a claimant is entitled to unemployment insurance benefits because the franchisor of his former cleaning service's actions and franchise agreement created an employer-employee relationship (In the Matter of the Claim of Bertrand Baez, No. 520746, N.Y. Sup., App. Div., 3rd Dept.; 2016 N.Y. App. Div. LEXIS 6946).

Mealey's Toxic Tort/Environmental - Judge Won't Reconsider Third-Party Parts Liability Ruling

ALBANY, N.Y. - Out-of-state rulings on a manufacturers' liability for third-party parts do not require reconsideration of a ruling and a recent ruling by New York's top court moots any concern of prejudice, a federal judge held Oct. 27 (Pearl Osterhout, et al. v. Crane Co.; FMC Corp., et al., No. 14-208, N.D. N.Y.; 2016 U.S. Dist. LEXIS 148819).

Mealey's Toxic Tort/Environmental - 2nd Circuit Denies Rehearing In $18.5B Fraud Case Related To Lago Agrio Contamination

NEW YORK - The court clerk for the Second Circuit U.S. Court of Appeals on Oct. 27 issued an order denying a petition for rehearing sought by a group of Ecuadorian residents and their attorney in the fraud case surrounding the $18.5 billion judgment the residents had won against Chevron Corp., which was reversed, pertaining to alleged injuries related to the company's involvement with an oil consortium (Chevron Corporation v. Steven Donziger, No. 14-826 [consolidated with] Chevron Corporation v. Hugo Gerardo Camacho Naranjo, No. 14-832, 2nd Cir.).

Mealey's Antitrust/Unfair Competition - Antitrust Claim Dismissed, Lanham Act Claim Survives In New York Lawsuit

NEW YORK - A New York federal judge on Oct. 27 agreed with a plaintiff that counterclaims of antitrust violations and commercial disparagement by a trademark infringement defendant are ripe for dismissal (Dentsply International Inc. v. Dental Brands for Less d/b/a Dental Wholesale Direct, No. 15-8775, S.D. N.Y.; 2016 U.S. Dist. LEXIS 149139).

Mealey's Insurance - Reinsured Says Loss Expense Should Not Have Been Capped By Lower Court

NEW YORK - An insurer argues in an Oct. 26 brief in the Second Circuit U.S. Court of Appeals that a lower court erred when it did not allow the insurer to present extrinsic evidence that would allegedly show that industry custom mandates that a reinsurer's obligations to pay its reinsured's underlying expenses should not be capped (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 16-cv-2824, 2nd Cir.).

Mealey's IP/Tech - Antitrust Claim Dismissed, Lanham Act Claim Survives In New York Lawsuit

NEW YORK - A New York federal judge on Oct. 27 agreed with a plaintiff that counterclaims of antitrust violations and commercial disparagement by a trademark infringement defendant are ripe for dismissal (Dentsply International Inc. v. Dental Brands for Less d/b/a Dental Wholesale Direct, No. 15-8775, S.D. N.Y.; 2016 U.S. Dist. LEXIS 149139).

Mealey's Litigation Procedure - Reinsurer Says Its Request For Reconsideration Of Discovery Orders Is Timely

SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Oct. 21 for permission to file a reply to its reinsured's contention that the reinsurer's objections to a pair of discovery orders is untimely (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's Insurance - Reinsurer Says Its Request For Reconsideration Of Discovery Orders Is Timely

SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Oct. 21 for permission to file a reply to its reinsured's contention that the reinsurer's objections to a pair of discovery orders is untimely (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Partly Vacates DMCA Safe Harbor Rulings In Favor Of MP3Tunes

NEW YORK - A New York federal judge applied "too narrow" a definition of "repeat infringer" in finding that the former music downloading site MP3Tunes LLC qualified for safe harbor immunity under the Digital Millennium Copyright Act (DMCA), the Second Circuit U.S. Court of Appeals ruled Oct. 25 (Capitol Records LLC, et al. v. MP3Tunes LLC, et al., Nos. 14-4369, -4509, 2nd Cir.; 2016 U.S. App. LEXIS 19236).

Mealey's Litigation Procedure - 2nd Circuit: Negotiations Of Individual Settlement Moot Class Claims

NEW YORK - A pro se plaintiff's negotiation of a settlement for himself moots his class claims, a Second Circuit U.S. Court of Appeals panel ruled Oct. 20 (Todd C. Bank, et al. v. Alliance Health Networks, LLC, FKA Alliance Health Networks, Inc., et al., No. 15-4037, 2nd Cir.; 2016 U.S. App. LEXIS 18849).

Mealey's Litigation Procedure - Magistrate Judge Precludes Expert Opinions On Damages In Medical Malpractice Suit

NEW YORK - A neurologist, a psychologist, an economist and a school principal may not testify as to damages from the loss of the role of an orthodox, Hasidic mother, a New York federal magistrate judge ruled Oct. 20, but he allowed the psychologist and economist to testify about the loss of household services that was experienced as a result of the mother's death (Arnold Hersko, individually and as administrator of the estates of Rochel Hersko and Arnold Hersko v. United States of America, et al., No. 13-CV-3255, S.D. N.Y.; 2016 U.S. Dist. LEXIS 145552).

Mealey's IP/Tech - Mattress Firm's Lanham Claim Against Review Site Partly Dismissed

NEW YORK - Many of the statements on a mattress review website about which a mattress manufacturer complains constitute opinions that are not actionable under the Lanham Act, a New York federal judge ruled Oct. 20, granting in part the site operator's motion to dismiss (Casper Sleep Inc. v. Derek Hales, et al., No. 1:16-cv-03223, S.D. N.Y.).

Mealey's Bankruptcy - Insurers Dispute Debtor's Attempt To Vacate Policy Exhaustion Finding

NEW YORK - A bid by Chapter 11 debtor Rapid-American Corp. to vacate a finding that it has not paid a sufficient amount for asbestos claims to reach the level of excess coverage provided under three insurance policies should be rejected because the debtor is improperly trying to reargue the issue with a revised legal strategy, insurers assert in separate Oct. 18 response briefs 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 PI/Product Liability - General Motors Bellwether Plaintiff Dismisses Personal Injury Claims

NEW YORK - The man set to be the first in the second set of bellwether trials against General Motors in the ignition switch multidistrict litigation dismissed his personal injury claims against the automaker with prejudice on Oct. 20 (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, James Boyd v. General Motors LLC, No. 1:14-cv-08385, S.D. N.Y.).

Mealey's Labor & Employment - New York Federal Judge Orders Disclosure Of Fees In Xerox Pension Benefit Dispute

ROCHESTER, N.Y. - A New York federal judge on Oct. 19 ordered Xerox to disclose the amount of fees it was charged and paid to its law firms in an action over Xerox's violation of the notice requirements of the Employee Retirement Income Security Act when it applied an offset to pension benefits of rehired workers (Paul J. Frommert, et al. v. Sally L. Conkright, et al., No. 00-CV-6311, W.D. N.Y.; 2016 U.S. Dist. LEXIS 144746).

Mealey's IP/Tech - New York Magistrate Judge Rejects Alter-Ego Theory Of Liability In Copyright Case

NEW YORK - A plaintiff on Oct. 19 won the right to amend his complaint to add several individual and corporate defendants in a New York copyright infringement dispute (Joseph Separzadeh v. Iconix Brand Group Inc., et al., No. 15-8643, S.D. N.Y.; 2016 U.S. Dist. LEXIS 144772).

Mealey's Insurance - Judge Throws Out Superstorm Sandy Coverage Dispute For Insured's Failure To Prosecute

BROOKLYN, N.Y. - A New York federal judge on Oct. 14 adopted a magistrate's report that recommended dismissing a Superstorm Sandy coverage dispute due to the insured's failure to prosecute (David Valero v. The National Flood Insurance Program, No. 14-3362, E.D. N.Y.; 2016 U.S. Dist. LEXIS 143007).