LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Magistrate Recommends Approving Settlement Over Racing Association's Discharges

NEW YORK - A federal magistrate judge in New York on Feb. 3 recommended approving a settlement agreement between the federal government and the New York Racing Association over the association's discharges of wastewater into New York state's and the city of New York's sewer systems without a National Pollutant Discharge Elimination System permit, finding that the terms of the agreement were fair and reasonable (United States of America v. The New York Racing Association, No. 16 CV 5442, E.D. N.Y., 2017 U.S. Dist. LEXIS 16621).

Mealey's Insurance - Time-Barred Breach Of Contract Claim Dismissed In Homeowners Insurance Dispute

BROOKLYN, N.Y. - An insured's breach of contract claim against her homeowners insurance provider was filed outside the contractual and statutory limitations periods and is, thus, time-barred, while her remaining claims for insurance bad faith and declaratory relief are duplicative of the breach of contract claim, a federal judge in New York ruled Feb. 6 in granting the insurer's motion to dismiss (Gelsomnia Maniello v. State Farm Fire and Casualty Co., et al., No. 16-1598, E.D. N.Y., 2017 U.S. Dist. LEXIS 16450).

Mealey's PI/Product Liability - 53 Federal Eliquis Cases Centralized As 3rd Anticoagulant MDL

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) on Feb. 7 centralized 53 federal Eliquis lawsuits before Senior Judge Denise L. Cote of the U.S. District Court for the Southern District of New York (In Re: Eliquis [Apixaban] Products Liability Litigation, MDL Docket No. 2754, JPMDL, 2017 U.S. Dist. LEXIS 16639).

Mealey's Banking & Finance - 2nd Circuit Finds Duty Under RESPA Was Not Triggered, Affirms Ruling

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 31 affirmed a bankruptcy court's finding that a mortgage company's statutory duty to respond to a request under the Real Estate Settlement Procedures Act (RESPA) was never triggered (Barry F. Mack v. Rescap Borrower Claim Trust, No. 16-304, 2nd Cir., 2017 U.S. App. LEXIS 1683).

Mealey's Labor & Employment - 2nd Circuit: Settlement Offer Shouldn't Have Been Admitted In Disability Bias Suit

NEW YORK - A trial court erred when it permitted the admission of an employer's settlement offer and disqualified counsel on both sides in a disability bias suit brought by a pregnant employee, a Second Circuit U.S. Court of Appeals panel ruled Feb. 2 (Jia Sheng v. M&TBank Corporation, et al., No. 14-4467, 2nd Cir., 2017 U.S. App. LEXIS 1912).

Mealey's Insurance - New York Panel: Insurer Does Not Owe Insured Directors, Officers Liability Coverage

BROOKLYN, N.Y. - A New York appeals panel on Feb. 1 found that an insurer has no duty to defend its insured under an insurance policy's directors and officers liability and entity liability coverage section, reversing a lower court's ruling against the insurer (Thomas C. Hansard, Jr. v Federal Insurance Co., No. 2014-09639, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 629).

Mealey's Insurance - Capacity Exclusion Bars Professional Liability Coverage, New York Panel Affirms

NEW YORK - A New York appeals panel on Feb. 2 affirmed a lower court's ruling in favor of a lawyers professional liability insurer in a dispute over coverage for underlying counterclaims against an insured for repudiation of a consulting agreement and legal malpractice (Law Offices of Zachary R. Greenhill P.C., et al. v. Liberty Insurance Underwriters, Inc., et al., No. 650414/14, N.Y. Sup., App. Div., 1st Dept., 2017 NY Slip Op 00727).

Mealey's Banking & Finance - Judge: Bermuda Insurers Violated Doctrine By Filing Suit Without Obtaining Leave

NEW YORK - A federal bankruptcy judge in New York on Jan. 31 held that errors and omissions insurers violated the Barton doctrine by filing proceedings against MF Global Holdings Ltd. (MFGH) in Bermuda without obtaining leave from the bankruptcy court (In re: Mf Global Holdings Ltd., et al., Chapter 11, No. 11-15059, S.D. N.Y. Bkcy., 2017 Bankr. LEXIS 251).

Mealey's Insurance - Judge: Bermuda Insurers Violated Doctrine By Filing Suit Without Obtaining Leave

NEW YORK - A federal bankruptcy judge in New York on Jan. 31 held that errors and omissions insurers violated the Barton doctrine by filing proceedings against MF Global Holdings Ltd. (MFGH) in Bermuda without obtaining leave from the bankruptcy court (In re: Mf Global Holdings Ltd., et al., Chapter 11, No. 11-15059, S.D. N.Y. Bkcy., 2017 Bankr. LEXIS 251).

Mealey's IP/Tech - Patent Claims Against Automakers Dismissed By New York Federal Judge

NEW YORK - Allegations that myriad automakers - including Ford Motor Co., Toyota Motor Corp. and General Motors LLC - infringed a patented book holder were dismissed Feb. 1 by a New York federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6) (Chikezie Ottah v. BMW, et al., No. 15-2465, S.D. N.Y., 2017 U.S. Dist. LEXIS 14074).

Mealey's Insurance - 2nd Circuit: No Error In Finding Umpire Showed No Evident Partiality

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 31 affirmed a lower court's confirmation of a number of international arbitration awards, finding that the arbitration umpire did not exhibit evident partiality to a retrocessional reinsurer (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 16-1267, 2nd Cir., 2017 U.S. App. LEXIS 1686).

Mealey's Toxic Tort/Environmental - Panel Dismisses Lead Poisoning Case Because Defendants Didn't Own Premises

NEW YORK - A New York appeals panel on Jan. 31 reversed a trial court's ruling and said a lead-poisoning complaint brought against multiple defendants should be dismissed because the evidence shows that none of the defendants owned the property in question when the plaintiffs lived there (Arelie F., et al. v. Cathedral Properties LLC, et al., No. 2914, 350662/09, N.Y. Sup., App. Div., 1st Dept., 2017 N.Y. App. Div. LEXIS 585).

Mealey's Insurance - Judge Approves Stipulation That Reinsurer Post Bond

NEW YORK - A federal judge in New York on Jan. 30 approved a stipulation and ordered a reinsurer sued by the liquidator of an insolvent insurer for breach of contract to post a security bond with the court (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., No. 16-cv-04874, S.D. N.Y.).

Mealey's Litigation Procedure - Video Game Players' Biometrics Complaint Over Facial Scans Dismissed

NEW YORK - A New York federal judge on Jan. 27 found that a putative class complaint against a video game manufacturer under an Illinois biometrics law failed because the lead plaintiffs did not establish a concrete injury-in-fact from the in-game facial scans with which they voluntarily participated (Ricardo Vigil, et al. v. Take-Two Interactive Software Inc., No. 1:15-cv-08211, S.D. N.Y., 2017 U.S. Dist. LEXIS 12295).

Mealey's Toxic Tort/Environmental - 2nd Circuit Says Insured's Notice Of Environmental Claims Was Not Timely

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 27 affirmed that two insurers in an environmental contamination coverage dispute did not waive their right to assert a late-notice defense because the insured's notice of the underlying environmental claims was not timely (Travelers Indemnity Co., et al. v. Northrop Grumman Corp., et al., No. 15-3117, 2nd Cir., 2017 U.S. App. LEXIS 1471).

Mealey's Insurance - 2nd Circuit Says Insured's Notice Of Environmental Claims Was Not Timely

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 27 affirmed that two insurers in an environmental contamination coverage dispute did not waive their right to assert a late-notice defense because the insured's notice of the underlying environmental claims was not timely (Travelers Indemnity Co., et al. v. Northrop Grumman Corp., et al., No. 15-3117, 2nd Cir., 2017 U.S. App. LEXIS 1471).

Mealey's Litigation Procedure - Insurer Asks Court To Seal In-House Counsel Communications

SYRACUSE, N.Y. - An insurer asked a federal court in New York on Jan. 26 to keep certain documents sealed, including communications about an insured's asbestos claims between its employees and its in-house counsel (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, and Munich Reinsurance America, Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).

Mealey's PI/Product Liability - New York Court Upholds Denial Of Judgment Where Man Couldn't Identify Product

NEW YORK - A man's failure to identify a defendant's product is not fatal to his asbestos case, especially in light of evidence placing the company's pumps aboard the ship on which the man served, a New York appeals court held Jan. 26 (In re New City Asbestos Litigation, Susan Krok as Adminstratrix for the estate of Raymond J. Krok Sr., etc. v. Aercto International Inc., et al., Nash Engineering Co., No. 190272/14, N.Y. Sup., App. Div., 1st Dept.).

Mealey's Insurance - Insurer Asks Court To Seal In-House Counsel Communications

SYRACUSE, N.Y. - An insurer asked a federal court in New York on Jan. 26 to keep certain documents sealed, including communications about an insured's asbestos claims between its employees and its in-house counsel (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, and Munich Reinsurance America, Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).

Mealey's Toxic Tort/Environmental - New York Court Upholds Denial Of Judgment Where Man Couldn't Identify Product

NEW YORK - A man's failure to identify a defendant's product is not fatal to his asbestos case, especially in light of evidence placing the company's pumps aboard the ship on which the man served, a New York appeals court held Jan. 26 (In re New City Asbestos Litigation, Susan Krok as Adminstratrix for the estate of Raymond J. Krok Sr., etc. v. Aercto International Inc., et al., Nash Engineering Co., No. 190272/14, N.Y. Sup., App. Div., 1st Dept.).

Mealey's Litigation Procedure - New York Federal Judge Grants Immigrants' Emergency Motion For Stay Of Removal

NEW YORK - A New York federal judge on Jan. 28 granted an emergency motion for stay of removal filed by two immigrants seeking to represent themselves and a class of individuals with refugee applications, holders of valid visas and other individuals from seven countries who are legally authorized to enter the United States in response to an executive order issued by President Donald Trump one day earlier changing the way certain non-citizens may enter the United States and imposing a 120-day moratorium on the refugee resettlement program (Hameed Khalid Darweesh, et al. v. Donald Trump, et al., No. 17-480, E.D. N.Y.).

Mealey's Insurance - Reinsurer Wants To Leave Reinsurance Arbitration Dispute With Arbitration Panel

NEW YORK - A reinsurer asked a federal court in New York on Jan. 25 to place a dispute regarding reinsurance of workers' compensation risks in the hands of an arbitration panel to decide (In the Matter of the Arbitration Between National Union Fire Insurance Company of Pittsburgh, PA v. Federal Insurance Company, No. 16-cv-08821, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Federal Judge In New York Grants Summary Judgment In Tobacco Tax Suit

ROCHESTER, N.Y. - A federal judge in New York on Jan. 23 granted summary judgment to a group of government officials and dismissed the complaints brought by two Native American nations with prejudice after finding that an amendment to a tax on Native American-made cigarettes does not violate the tribes' right to tribal sovereignty (Seneca Nation of Indians, et al. v. David Patterson, et al., No. 1:10-cv-00687, W.D. N.Y.; 2017 U.S. Dist. LEXIS 9060).

Mealey's Litigation Procedure - Judge Confirms International Reinsurance Arbitration Award

NEW YORK - A federal judge in New York on Jan. 24 confirmed an award issued by an arbitration panel in an arbitration between an American insurer and certain London-based reinsurers (OneBeacon Insurance Company v. Certain Underwriters at Lloyd's London, No. 16-cv-09908, S.D. N.Y.).

Mealey's Insurance - New York Justice Dismisses Fraud Claim Against Broker In $21.6M Art Theft Dispute

NEW YORK - A New York justice on Jan. 23 granted an insurance broker's motion to dismiss an insured's fraud claim against it, finding that the claim is time-barred, fails to state a claim and is barred by collateral estoppel (Renaissance Art Investors LLC v. North Shore Risk Management LLC, No. 162670/14, N.Y. Sup., New York Co.; 2017 N.Y. Misc. LEXIS 225).