LexisNexis® Legal Newsroom
Mealey's Insurance - Magistrate Recommends Summary Judgment In Insurer's Favor In Superstorm Sandy Suit

BROOKLYN, N.Y. - Concluding that the owner of a Brooklyn shopping center failed to file a timely proof of Superstorm Sandy loss, a New York federal magistrate judge on Sept. 28 recommended that the insurer's motion for summary judgment be granted in a coverage dispute arising from the storm (2027, LLC v. Aspen American Insurance Co., No. 14-6751, E.D. N.Y.; 2015 U.S. Dist. LEXIS 181604).

Mealey's Litigation Procedure - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Antitrust/Unfair Competition - Federal Class Actions Filed In Wake Of Yahoo Data Breach Announcement

SAN JOSE, Calif. - With the filing of a New York man's Sept. 24 complaint against Yahoo! Inc. in California federal court, at least five class action lawsuits have been filed against the Internet giant in the week since it announced a data breach affecting 500 million accounts (Edward McMahon v. Yahoo! Inc., No. 5:16-cv-05466, N.D. Calif.).

Mealey's PI/Product Liability - Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case

NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of America, No. 14-3525, S.D. N.Y.; 2016 U.S. Dist. LEXIS 131563).

Mealey's Labor & Employment - New York Federal Judge Consolidates 3 Wage Suits Against Italian Restaurant

NEW YORK - A New York federal judge on Sept. 23 agreed to consolidate three wage-and-hour suits filed against a New York City Italian restaurant, granted the plaintiffs' motion for class certification and agreed to toll the claims of absent class members (Raul Pichardo, et al. v. Carmine's Broadway Feast Inc., et al., Nos. 15-3312, 15-4046, 15-4049, S.D. N.Y.; 2016 U.S. Dist. LEXIS 130658).

Mealey's Litigation Procedure - New York Federal Judge Consolidates 3 Wage Suits Against Italian Restaurant

NEW YORK - A New York federal judge on Sept. 23 agreed to consolidate three wage-and-hour suits filed against a New York City Italian restaurant, granted the plaintiffs' motion for class certification and agreed to toll the claims of absent class members (Raul Pichardo, et al. v. Carmine's Broadway Feast Inc., et al., Nos. 15-3312, 15-4046, 15-4049, S.D. N.Y.; 2016 U.S. Dist. LEXIS 130658).

Mealey's Toxic Tort/Environmental - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Litigation Procedure - Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case

NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of America, No. 14-3525, S.D. N.Y.; 2016 U.S. Dist. LEXIS 131563).

Mealey's Litigation Procedure - Federal Class Actions Filed In Wake Of Yahoo Data Breach Announcement

SAN JOSE, Calif. - With the filing of a New York man's Sept. 24 complaint against Yahoo! Inc. in California federal court, at least five class action lawsuits have been filed against the Internet giant in the week since it announced a data breach affecting 500 million accounts (Edward McMahon v. Yahoo! Inc., No. 5:16-cv-05466, N.D. Calif.).

Mealey's Insurance - Assignee Tells Court It Is Appealing Denial Of Motion To Amend Complaint

NEW YORK - The assignee of certain reinsurance recoverables of an insolvent insurer told a federal court in Illinois on Sept. 22 that it is appealing to the Seventh Circuit U.S. Court of Appeals the court's holding that the assignee had not shown that leave to amend its complaint should be granted after a motion for summary judgment had been decided (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.).

Mealey's Insurance - New York Federal Judge Denies Motion For Interlocutory Appeal In Asbestos Dispute

NEW YORK - A New York federal judge on Sept. 22 denied an insurer's motion for interlocutory appeal on the issue of allocation in an asbestos coverage case after determining that an appeal would serve only to delay and not advance the case (Liberty Mutual Insurance Co. v. The Fairbanks Co., Nos. 13-3755, 15-1141, S.D. N.Y.).

Mealey's Litigation Procedure - Magistrate Judge Excludes Gastroenterologist's Opinion On Psychiatric Standard Of Care

NEW YORK - A gastroenterologist may testify regarding an incarcerated woman's standard of care to support negligence and medical malpractice claims, a New York federal magistrate judge ruled Sept. 21; however, the gastroenterologist may not testify as to the standard of psychiatric care or postoperative wound care (Lana Stelman v. United States of America, No. 14-05363, S.D. N.Y.; 2016 U.S. Dist. LEXIS 129420).

Mealey's Litigation Procedure - ICC Amends Practice Note On Conduct Of International Arbitration

NEW YORK - The International Chamber of Commerce (ICC) on Sept. 22 said it has amended its practice note provided to parties and arbitral tribunals on the conduct of arbitration.

Mealey's Litigation Procedure - Mexico Requests Leave To Participate In Rehearing Of $400M Confirmation Case

NEW YORK - The government of the United Mexican States on Sept. 21 moved for leave to file an amicus curiae brief in support of an exploration company's petition for rehearing in a case in which the Second Circuit U.S. Court of Appeals recently confirmed a $400 million award against it (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y, No. 13-4022, 2nd Cir.).

Mealey's Insurance - Reinsurer Counters Motion To Vacate Arbitration Award

NEW YORK - A reinsurer told a federal court in New York on Sept. 22 that an arbitration award should be confirmed because a reinsured has not shown that an arbitration umpire was biased (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.).

Mealey's Litigation Procedure - Reinsurer Says Magistrate Judge's Discovery Orders Are Fundamentally Unfair

SYRACUSE, N.Y. - A reinsurer in a Sept. 19 brief asks a federal court in New York to reconsider its discovery rulings that the reinsurer says require it to produce reserve information while not requiring its reinsured to produce the same category of documentation (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's Insurance - Reinsurer Says Magistrate Judge's Discovery Orders Are Fundamentally Unfair

SYRACUSE, N.Y. - A reinsurer in a Sept. 19 brief asks a federal court in New York to reconsider its discovery rulings that the reinsurer says require it to produce reserve information while not requiring its reinsured to produce the same category of documentation (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's PI/Product Liability - Judge Grants Preliminary Approval of $486M Settlement In Pfizer Securities Suit

NEW YORK - A federal judge in New York on Sept. 16 granted preliminary approval of a $486 million settlement in a securities class action lawsuit between shareholders and certain of its executive officers, ruling that the settlement is fair, adequate and reasonable (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.).

Mealey's Litigation Procedure - Judge Grants Preliminary Approval of $486M Settlement In Pfizer Securities Suit

NEW YORK - A federal judge in New York on Sept. 16 granted preliminary approval of a $486 million settlement in a securities class action lawsuit between shareholders and certain of its executive officers, ruling that the settlement is fair, adequate and reasonable (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.).

Mealey's Securities/D&O Liability - Judge Grants Preliminary Approval of $486M Settlement In Pfizer Securities Suit

NEW YORK - A federal judge in New York on Sept. 16 granted preliminary approval of a $486 million settlement in a securities class action lawsuit between shareholders and certain of its executive officers, ruling that the settlement is fair, adequate and reasonable (In re Pfizer Inc. Securities Litigation, No. 04-9866, S.D. N.Y.).

Mealey's Insurance - Insurance Servicer Says Court Lacks Say Over Reinsurance Arbitration Award Case

NEW YORK - An insurance services company sued for allegedly not honoring a reinsurance arbitration award told a federal court in New York on Sept. 19 that the court does not hold jurisdiction over the dispute (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.).

Mealey's IP/Tech - Allegations That Textbook Maker Exceeded Copyright License Will Proceed

NEW YORK - Efforts by McGraw-Hill Global Education Holdings LLC and McGraw-Hill School Education Holdings LLC (McGraw-Hill, collectively) to dismiss allegations of copyright infringement were unsuccessful Sept. 16, when a New York federal judge rejected the textbook publishers' claim that 14 disputed photographs are in the public domain (Joseph Sohm v. McGraw-Hill Global Education Holdings LLC, et al., No. 16-4255, S.D. N.Y.; 2016 U.S. Dist. LEXIS 126836).

Mealey's IP/Tech - New York Federal Judge Won't Strike Innocent Infringement Defense

NEW YORK - Although agreeing with three textbook publishers that a defendant cannot raise the affirmative defenses of copyright misuse and unclean hands to allegations of infringement, a New York federal judge on Sept. 19 denied a motion to strike the related affirmative defense of "innocent infringement" (John Wiley & Sons Inc., et al. v. Book Dog Books LLC, et al., No. 13-816, S.D. N.Y.; 2016 U.S. Dist. LEXIS 127307).

Mealey's Toxic Tort/Environmental - Ecuadorian Residents Seek Rehearing En Banc At 2nd Circuit In Lago Agrio Case

NEW YORK - A group of Ecuadorian residents and their attorney on Sept. 16 filed a petition in the Second Circuit U.S. Court of Appeals seeking a rehearing en banc with regard to the Second Circuit's prior decision that affirmed a lower court's ruling that a group of Ecuadorian residents and their attorney committed fraud when they won an $18.5 billion judgment against Chevron Corp. for 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 Litigation Procedure - Judge Stays Class Against KIND Pending FDA Ruling On Term 'Natural'

NEW YORK - A New York federal judge on Sept. 15 stayed claims asserted by consumers for violation of California's unfair competition law (UCL), negligent misrepresentation and other causes of action asserted against a seller of snack foods pending the outcome of a decision by the Food and Drug Administration on the use of the word "natural" on product labels (In re: Kind LLC "Health and All Natural" Litigation, Nos. 15-MD-2645 [WHP],15-MC-2645 [WHP], S.D. N.Y.; 2016 U.S. Dist. LEXIS 125752).