LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Weatherford International To Pay $120M To Settle Claims In Securities Suit

NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).

Mealey's Bankruptcy - 2nd Circuit Addresses Withdrawal Liability Claim Against Bankruptcy Estate

NEW YORK - A multiemployer pension plan failed to demonstrate the amount of unfunded benefits attributable to post-petition operation of a bankruptcy estate, the Second Circuit U.S. Court of Appeals ruled on July 2 in a summary order disallowing the plan's administrative expense claim for a portion of the estate's withdrawal liability (Food Employers Labor Relations Association and United Food and Commercial Workers Pension Fund v. The Great Atlantic & Pacific Tea Company, No. 14-3349-bk, 2nd Cir.; 2015 U.S. App. LEXIS 11402).

Mealey's Litigation Procedure - 2nd Circuit Vacates Denial Of Summary Judgment In Unpaid Interns' Suit

NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order denying a motion for partial summary judgment sought by unpaid magazine interns for reconsideration in light of another Second Circuit ruling in an intern case the same day in which the appellate court established a set of factors courts can use to consider whether an intern is an employee (Xuedan Wang, et al. v. The Hearst Corp., No. 13-4480, 2nd Cir.; 2015 U.S. App. LEXIS 11516).

Mealey's Labor & Employment - 2nd Circuit Vacates Denial Of Summary Judgment In Unpaid Interns' Suit

NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order denying a motion for partial summary judgment sought by unpaid magazine interns for reconsideration in light of another Second Circuit ruling in an intern case the same day in which the appellate court established a set of factors courts can use to consider whether an intern is an employee (Xuedan Wang, et al. v. The Hearst Corp., No. 13-4480, 2nd Cir.; 2015 U.S. App. LEXIS 11516).

Mealey's Litigation Procedure - 2nd Circuit Vacates Rulings In Favor Of Fox Unpaid Interns; Establishes New Test

NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order conditionally certifying a nationwide class of unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) and vacated an order granting partial summary judgment to two of those interns and remanded for reconsideration of the interns' employment status based on a new test focusing on the educational aspects of the internships (Eric Glatt, et al. v. Fox Seachlight Pictures, Inc., et al., Nos. 13-4478 and 13-4481, 2nd Cir.; 2015 U.S. App. LEXIS 11435).

Mealey's Toxic Tort/Environmental - Magistrate Judge: No Privilege For Emails To Environmental Engineering Firm

BUFFALO, N.Y. - A federal magistrate judge in New York on July 2 granted in part a motion to compel filed by a defendant company in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) lawsuit seeking production of emails between the plaintiff company and an environmental engineering firm, ruling that some information was not protected from disclosure by the attorney-client privilege (NL Industries v. ACF Industries, et al., No. 10cv89, W.D. N.Y.; 2015 U.S. Dist. LEXIS 86677).

Mealey's Labor & Employment - 2nd Circuit Addresses Withdrawal Liability Claim Against Bankruptcy Estate

NEW YORK - A multiemployer pension plan failed to demonstrate the amount of unfunded benefits attributable to post-petition operation of a bankruptcy estate, the Second Circuit U.S. Court of Appeals ruled on July 2 in a summary order disallowing the plan's administrative expense claim for a portion of the estate's withdrawal liability (Food Employers Labor Relations Association and United Food and Commercial Workers Pension Fund v. The Great Atlantic & Pacific Tea Company, No. 14-3349-bk, 2nd Cir.; 2015 U.S. App. LEXIS 11402).

Mealey's Securities/D&O Liability - Weatherford International To Pay $120M To Settle Claims In Securities Suit

NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Puerto Rico: Reconsideration Of MTBE Ruling Needed; Evidence 'Overlooked'

NEW YORK - The Commonwealth of Puerto Rico on June 30 moved in New York federal court for reconsideration of the court's opinion that dismissed some of the commonwealth's claims, arguing that the ruling constitutes "manifest injustice" and that evidence was "overlooked" (In re: Methyl Tertiary Butyl Ether [MTBE] Products Liability Litigation, MDL 1358, No. 00-1898, Commonwealth of Puerto Rico v. Shell Oil Co., et al., No. 07 Civ. 10470, S.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit Affirms Denial Of Petition To Confirm ICC Award

NEW YORK - The Second Circuit U.S. Court of Appeals on July 1 affirmed a district court's decision refusing to confirm an arbitration award issued by the International Court of Arbitration of the International Chamber of Commerce (ICC) in favor of a Brazilian airline, finding that the other party did not agree to arbitrate the dispute (VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II L.P., et al., No. 14-3906, 2nd Cir.; 2015 U.S. App. LEXIS 11281).

Mealey's Banking & Finance - 2nd Circuit Finds Foreclosure Claims Are Barred By State Court Ruling

NEW YORK - The Second Circuit U.S. Court of Appeals on July 1 affirmed a district court's judgment dismissing a case, finding that the claims asserted by a borrower were barred by a previous state court ruling foreclosing on his property (Swinton Brown v. Wells Fargo Bank N.A., et al., No. 14-1846, 2nd Cir.; 2015 U.S. App. LEXIS 11286).

Mealey's Insurance - 2nd Circuit Panel Affirms Dismissal Of Claims In Reinsurer's Bad Faith Suit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 30 affirmed a federal district court's dismissal of an insurance breach of contract and bad faith lawsuit, ruling that it agreed with the district court's findings in coming to its decision (Mariah Re Ltd. [In Liquidation], acting by and through Geoffrey Varga and Jess Shakespeare, in their capacities as Liquidators thereof v. American Family Mutual Insurance Company, et al., No. 14-4062, 2nd Cir.).

Mealey's IP/Tech - 2nd Circuit Finds Sherman Act Violations By Apple In E-Book Pricing Agreements

NEW YORK - A Second Circuit U.S. Court of Appeals panel majority on June 30 found that Apple Inc. "orchestrated a horizontal conspiracy among" certain e-book publishers to raise the prices of e-books, ruling that the agreement between Apple and the publishers constituted an unreasonable restraint of trade in violation of section 1 of the Sherman Act (United States of America, et al. v. Apple Inc., et al., Nos. 13-3741, 13-3748, 13-3783, 13-3857, 13-3864 and 13-3867, 2nd Cir.; 2015 U.S. App. LEXIS 11271).

Mealey's Labor & Employment - 2nd Circuit: Tennis Umps Are Independent Contractors, Not Employees

NEW YORK - U.S. Tennis Association (USTA) umpires are independent contractors, not employees, for the purposes of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), the Second Circuit U.S. Court of Appeals ruled June 29, affirming a trial court's decision (Steven Meyer, et al. v. United States Tennis Association, No. 14-3891, 2nd Cir.; 2015 U.S. App. LEXIS 11037).

Mealey's PI/Product Liability - GM Plaintiffs Urge MDL Judge To Deny Automaker's Motion For Protective Order

NEW YORK - There is "no good cause" for the entry of a protective order preventing the disclosure of information produced in the pretrial phase of the multidistrict litigation against General Motors LLC (New GM), the ignition-switch plaintiffs argue in a brief filed in the U.S. District Court for the Southern District of New York on June 26 (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit: Tennis Umps Are Independent Contractors, Not Employees

NEW YORK - U.S. Tennis Association (USTA) umpires are independent contractors, not employees, for the purposes of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), the Second Circuit U.S. Court of Appeals ruled June 29, affirming a trial court's decision (Steven Meyer, et al. v. United States Tennis Association, No. 14-3891, 2nd Cir.; 2015 U.S. App. LEXIS 11037).

Mealey's IP/Tech - 2nd Circuit Affirms In Copyright Dispute Over Short Film

NEW YORK - A New York federal judge did not err in awarding a declaratory judgment copyright plaintiff summary judgment, the Second Circuit U.S. Court of Appeals said June 29 (16 Casa Duse LLC v. Alex Merkin et al., No. 13-3865, 2nd Cir.; 2015 U.S. App. LEXIS 11053).

Mealey's Litigation Procedure - Magistrate Allows Limited Deposition Of Plaintiff's Counsel In Privacy Class Suit

NEW YORK - Materials and communications related to the plaintiff's counsel's investigation in a privacy class action do not qualify for attorney-client privilege, a New York federal magistrate ruled June 26, allowing the defendant to conduct a limited deposition of the attorney (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.).

Mealey's Litigation Procedure - Judge Orders Reinsurer To Consolidate Its Actions Against A Foreign Reinsured

NEW YORK - In an electronic order, a federal judge in New York on June 25 unsealed a number of related reinsurance disputes and ordered that a consolidated complaint be filed (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-01165; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-02939; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03310 and National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).

Mealey's Insurance - 2nd Circuit Upholds Rulings On Expert Testimony In Disability Fraud Action

NEW YORK - A New York federal court properly limited or excluded expert testimony for three defendants convicted of submitting false disability claims to the Long Island Railroad's (LIRR) Railroad Retirement Board (RRB) and properly allowed expert testimony by a government witness, the Second Circuit U.S. Court of Appeals held June 22 in affirming the convictions (United States of America v. Joseph Rutigliano, et al., Nos. 14-152, 14-759, 14-1339, 2nd Cir.; 2015 U.S. App. LEXIS 10425).

Mealey's Insurance - Judge Tosses Dueling Summary Judgment Motions In Directors, Officers Coverage Suit

CENTRAL ISLIP, N.Y. - A New York federal judge on June 23 denied dueling motions for summary judgment in a coverage dispute arising from alleged breaches of contractual obligations under two promissory notes and a consulting agreement by the insured and its directors and officers (Intelligent Digital Systems LLC, et al. v. Beazley Insurance Company Inc., No. 12-1209, E.D. N.Y.; 2015 U.S. Dist. LEXIS 82742).

Mealey's IP/Tech - Federal Circuit Partly Reverses Exceptional Case Finding In Patent Dispute

WASHINGTON, D.C. - A New York federal judge's determination that a patent case was not exceptional was reversed, in part, by the Federal Circuit U.S. Court of Appeals on June 25 insofar as the ruling was based on a prevailing defendant's alleged misconduct (Gaymar Industries Inc. v. Cincinnati Sup-Zero Products Inc., No. 14-1174, Fed. Cir.).

Mealey's Insurance - Judge Orders Reinsurer To Consolidate Its Actions Against A Foreign Reinsured

NEW YORK - In an electronic order, a federal judge in New York on June 25 unsealed a number of related reinsurance disputes and ordered that a consolidated complaint be filed (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-01165; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-02939; National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03310 and National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).

Mealey's Litigation Procedure - 2nd Circuit Upholds Rulings On Expert Testimony In Disability Fraud Action

NEW YORK - A New York federal court properly limited or excluded expert testimony for three defendants convicted of submitting false disability claims to the Long Island Railroad's (LIRR) Railroad Retirement Board (RRB) and properly allowed expert testimony by a government witness, the Second Circuit U.S. Court of Appeals held June 22 in affirming the convictions (United States of America v. Joseph Rutigliano, et al., Nos. 14-152, 14-759, 14-1339, 2nd Cir.; 2015 U.S. App. LEXIS 10425).

Mealey's Litigation Procedure - Panel: Judge Properly Held That Investor Failed To Properly Plead Scienter

NEW YORK - A federal district court did not err in dismissing a securities class action lawsuit because the lead plaintiff failed to properly plead scienter and failed to show that a number of his claims were subject to equitable tolling, a Second Circuit U.S. Court of Appeals panel ruled June 23 (In re Magnum Hunter Resources Corp. Securities Litigation, No. 14-2581, 2nd Cir.; 2015 U.S. App. LEXIS 10530).