NEW YORK - Nationwide Insurance Co., a party to a reinsurance agreement, told a federal court in New York on Aug. 25 that an arbitration panel umpire was not biased and there is no basis for vacating an arbitration award (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.).
BROOKLYN, N.Y. - A New York federal judge on Aug. 25 dismissed as preempted a plaintiffs claim that she suffered corneal scarring from Acuvue Oasys contact lenses (Anna Crissi v. Johnson & Johnson Vision Care, Inc., et al., No. 15-4230, E.D. N.Y.; 2016 U.S. Dist. LEXIS 114160).
NEW YORK - Although a federal district court did not err in dismissing a federal securities class action complaint against BlackBerry Limited and certain of its former executive officers for failure to plead scienter, it is unclear whether newly discovered evidence submitted by lead plaintiffs was insufficient to determine whether the court properly denied their motion for reconsideration, a Second Circuit U.S. Court of Appeals panel ruled Aug. 24 (Todd Cox, et al. v. BlackBerry Limited, et al., No. 15-3991, 2nd Cir.).
NEW YORK - A group of London market reinsurers on Aug. 23 told a federal court in New York that it should not allow the alleged owner of a reinsured to intervene in a reinsurance arbitration dispute because the motion to intervene is untimely (Certain Underwriting Members at Lloyd's, London v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
NEW YORK - A New York federal judge on Aug. 23 granted a motion to dismiss a class complaint filed by consumers accusing a baby formula maker of improperly labeling its product as organic, finding that the claims are preempted by the Organic Foods Production Act of 1990 (OFPA) (Sara Marentette, et al. v. Abbott Laboratories, Inc., No. 15-2837, E.D. N.Y.; 2016 U.S. Dist. LEXIS 112241).
NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on Aug. 24 denied a bellwether plaintiff's motion to apply collateral estoppel so General Motors LLC (New GM) does not relitigate whether its predecessor company General Motor Corp. (Old GM) knew or should have known about the ignition switch defect before it first started an investigation into the defect (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).
NEW YORK - A New York federal judge on Aug. 23 granted five defendants' motion to dismiss claims against them in a second amended class action complaint against 12 banks and their affiliates under the Employee Retirement Income Security Act because the plaintiffs failed to adequately plead that the defendants were ERISA fiduciaries or "parties in interest" (Doris Sue Allen, et al. v. Bank of America Corp., et al., No. 1:15cv4285, S.D. N.Y.; 2016 U.S. Dist. LEXIS 112407).
SYRACUSE, N.Y. - An insurer told a federal court in New York on Aug. 19 that another insurer has no right to intervene in a reinsurance dispute with the intention of challenging a motion to seal certain discovery documents (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).
NEW YORK - An insurer filed its opposition to a motion to intervene in a reinsurance arbitration dispute in a federal court in New York on Aug. 23, arguing that granting the intervention would undermine the purpose of arbitrating instead of litigating the underlying claims (Certain Underwriting Members at Lloyd's, London Subscribing to Treaty No. 0272/04 v. Insurance Company of the Americas, No. 16-cv-00374, S.D. N.Y.).
WASHINGTON, D.C. - Graduate and undergraduate teaching assistants working at private colleges and universities are covered by the National Labor Relations Act (NLRA), the National Labor Relations Board ruled 3-1 on Aug. 23, reversing Brown University and International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW AFL-CIO (342 NLRB 483 ) (The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia-GWC, UAW, No. 02-RC-143012, NLRB).
NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 19 granted the stipulation of dismissal of an appeal between parties to an asbestos personal injury related reinsurance arbitration dispute (Arrowood Indemnity Co. v. Equitas Insurance Limited, et al., No. 15-2756, 2nd Cir.).
NEW YORK - Five employees of a celebrity-owned hamburger chain filed a class complaint on Aug. 18 in a New York federal court, accusing Wahlburgers Franchising LLC and several franchisees of failing to pay them minimum wages and overtime and withholding tips (Shakeiya Burnett, et al. v. Wahlburgers Franchising LLC, et al., No. 16-4602, E.D. N.Y.).
NEW YORK - A defendant has not adequately shown that it operates apart from a subsidiary and seeks a "level of testimonial precision" about exposure improper for asbestos cases, a New York justice held Aug. 17, denying a motion for summary judgment (Gaspar Hernandez-Vega v. Air & Liquid Systems Corp., No. 190367/2014, N.Y. Sup., New York Co.).
NEW YORK - The plaintiff in the final bellwether trial in the General Motors ignition switch multidistrict litigation says in an Aug. 18 brief that she should not be prevented from having her husband, who is a mechanic, testify that the air bags in her car should have deployed when her car crashed (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, Amy Ladon Norville v. General Motors LLC, No. 14-cv-8176, S.D. N.Y.).
NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on Aug. 18 said the plaintiff in the fifth bellwether may introduce evidence of other similar incidents (OSIs) because the jury will not be prejudiced by the evidence (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).
NEW YORK - A New York appellate panel on Aug. 17 affirmed a trial court's denial of a hospital's motion to set aside a jury verdict in a medical malpractice suit because the evidence showed that an infant's brain damage was caused by the hospital (Jaelin Sence, etc., et al. v. Ioanis Atoynatan, et al., No. 2015-02696, N.Y. Sup., App. Div., 2nd Dept.; 2016 N.Y. App. Div. LEXIS 5675).
NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on Aug. 15 granted summary judgment to the automaker on the fifth bellwether plaintiff's negligent failure-to-recall and constructive fraud claims (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.; 2016 U.S. Dist. LEXIS 108405).
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Aug. 15 denied an en banc hearing to a class of plaintiffs who sought to certify state law questions related to their allegations that they suffered personal injuries from exposure to fugitive chemicals from Union Carbide Corp.'s (UCC) closed Bhopal, India, pesticide refinery during a leak of methyl isocyanate in 1984 (Jargarnath Sahu, et al. v. Union Carbide Corp., et al., No. 14-3087, 2nd Cir.).