LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Lack Of Predominance, Commonality Bar Class Certification In Wage Suit

NEW YORK - A New York federal judge on March 12 declined to certify a class of workers under the New York Labor Law (NYLL) suing their former employer for various wage violations, finding that the plaintiffs failed to prove predominance and commonality (Christopher D. Griffith, et al. v. Fordham Financial Management, Inc., et al., No. 12-1117, S.D. N.Y.; 2015 U.S. Dist. LEXIS 30869).

Mealey's Insurance - New York Federal Judge Denies Insured's Motion To Transfer Suit To D.C.

BROOKLYN, N.Y. - A New York federal judge on March 13 denied a motion to transfer an environmental coverage suit to the federal court in the District of Columbia where the insured's suit against its insurers is pending on the basis that New York is a more suitable location for the suit because four of the environmental sites involved in the underlying litigation are located in New York (Certain Underwriters at Lloyd's London et al., v. National Railroad Passenger Corp. et al., No. 14-04717, E.D. N.Y.; 2015 U.S. Dist. LEXIS 31288).

Mealey's Insurance - Insurer Says It Did Not Waive Its Right To Remove Reinsurance Dispute

NEW YORK - An insurer argued in a federal court in New York on March 10 that it did not waive its right to removal because it did not ask for any additional relief in its state court counterclaims against its reinsurer than it would receive if the reinsurer's claims were dismissed (R&Q Reinsurance Company v. Allianz Insurance Company, No. 15-cv-00166, S.D. N.Y.).

Mealey's Insurance - Pollution Exclusion Precludes Coverage For Chinese Drywall Claims, Panel Says

NEW YORK - Coverage for defective Chinese drywall claims is clearly barred by the applicable policies' pollution exclusion, the First Department New York Supreme Court Appellate Division said March 12 (Bayswater Development LLC, et al., v. Admiral Insurance Co., et al., No. 105001/10, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 2003).

Mealey's Banking & Finance - 2nd Circuit Affirms Dismissal Of Fraud Claims As Time-Barred

NEW YORK - The Second Circuit U.S. Court of Appeals on March 12 affirmed the dismissal of claims related to alleged mortgage fraud, finding that equitable tolling was not applicable and that the complaint was time-barred (Sunita Deswal, et al. v. US National Association, et al., No. 14-2169, 2nd Cir.; 2015 U.S. App. LEXIS 3849).

Mealey's Insurance - Judge Approves Reinsurance Arbitration Award After Withdrawal Of Objections

NEW YORK - After two insurers withdrew their objection to the confirmation of a reinsurance arbitration award, a federal judge in New York on March 10 granted a reinsurer's motion and confirmed the award (Employers Insurance of Wausau A Mutual Company v. Nutmeg Insurance Company, et al., No. 14-cv-09284, S.D. N.Y.).

Mealey's Litigation Procedure - Judge: Lead Plaintiff Properly Pleaded Scienter In Securities Class Action

NEW YORK - Dismissal of a securities class action lawsuit against a biopharmaceutical company and certain of its executive officers is not proper, a federal judge in New York ruled March 4, because a shareholder has shown that the defendants acted with scienter in violating provisions of federal securities law (In re Intercept Pharmaceuticals Inc. Securities Litigation, No. 14-1123, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - New York Justice Grants Landlord Access To Cure Hazardous Conditions

NEW YORK - After finding that mold and other issues were the result of a tenant's failure to maintain an apartment, a New York court on March 4 ordered that the owner of the property be granted access to cure the condition (ROC Century Associates LLC v. Chittampalli Seshacchar Narayanan Srinivasaraghavan Vasumathi Narayanan a/k/a RAJAM I. SRINIVASAN 510 W 110TH STREET, APT. 11F NEW YORK, NY 10025, et al., No. 78931/2014, N.Y. Civil, Kings Co.; 2015 N.Y. Misc. LEXIS 617).

Mealey's Toxic Tort/Environmental - ExxonMobil Awarded Summary Judgment On Puerto Rico's MTBE Claims

NEW YORK - The federal judge in New York overseeing litigation over groundwater allegedly contaminated by the gasoline additive methyl tertiary butyl ether (MTBE) on March 5 awarded summary judgment to ExxonMobil Corp., after finding that the Commonwealth of Puerto Rico could not establish claims for negligence and strict liability because it could not show that the company supplied gasoline to five test sites that tested positive for contamination (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.; 2015 U.S. Dist. LEXIS 28013).

Mealey's Securities/D&O Liability - Judge: Lead Plaintiff Properly Pleaded Scienter In Securities Class Action

NEW YORK - Dismissal of a securities class action lawsuit against a biopharmaceutical company and certain of its executive officers is not proper, a federal judge in New York ruled March 4, because a shareholder has shown that the defendants acted with scienter in violating provisions of federal securities law (In re Intercept Pharmaceuticals Inc. Securities Litigation, No. 14-1123, S.D. N.Y.).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Trademark Injunction

ALBANY, N.Y. - A June 2014 preliminary injunction barring a defendant from ordering, purchasing, marketing or selling sports protective eyewear under the "Rec Specs" trademark will remain in place, a New York federal judge ruled March 5 (Halo Optical Products Inc. v. Liberty Sports Inc., No. 14-282, N.D. N.Y.; 2015 U.S. Dist. LEXIS 26714).

Mealey's IP/Tech - Oprah Winfrey, Magazine Again Prevail On Trademark Claims

NEW YORK - Acting on remand from the Second Circuit U.S. Court of Appeals, a New York federal judge on March 5 stood by his earlier findings that Oprah Winfrey did not violate the Lanham Act when using the slogan "Own Your Power" (Simone Kelly-Brown, et al. v. Oprah Winfrey, et al., No. 11-7875, S.D. N.Y.; 2015 U.S. Dist. LEXIS 27124).

Mealey's Litigation Procedure - Federal Judge Confirms $1.1 Million Award For Contaminated Jet Fuel

NEW YORK - After finding that an arbitration panel did not commit manifest disregard for the law is issuing its award in a dispute over contaminated jet fuel, a New York federal judge on March 4 confirmed a $1,192,021.25 award in favor of Hess Corp. (In the matter of the Arbitration Between Hess Corp. and Dorado Tanker Pool Inc., No. 14 Civ. 6412, S.D. N.Y.; 2015 U.S. Dist. LEXIS 26444).

Mealey's Antitrust/Unfair Competition - Woman Files Suit For California, New York Buyers Of Lumber Liquidators' Flooring

SAN FRANCISCO - A California woman on March 4 filed a class action lawsuit in federal court against Lumber Liquidators Inc., claiming that the company violated state consumer fraud laws by selling laminate flooring manufactured in China that contains levels of formaldehyde that exceed limits allowed by the state (Shelley Conte, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-1012-JCS, N.D. Calif.).

Mealey's Litigation Procedure - Woman Files Suit For California, New York Buyers Of Lumber Liquidators' Flooring

SAN FRANCISCO - A California woman on March 4 filed a class action lawsuit in federal court against Lumber Liquidators Inc., claiming that the company violated state consumer fraud laws by selling laminate flooring manufactured in China that contains levels of formaldehyde that exceed limits allowed by the state (Shelley Conte, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-1012-JCS, N.D. Calif.).

Mealey's Insurance - Judge: Insurer Has Duty To Indemnify Construction Defects Judgment

NEW YORK - A commercial general liability insurer has a duty to indemnify an insured for an underlying judgment arising out of its alleged construction defects on a home, a New York federal judge ruled March 4 (Joseph Uvino and Wendy Uvino v. Harleysville Worcester Insurance Co., et al. v. J. Barrows Inc., No. 13-4004, S.D. N.Y.; 2015 U.S. Dist. LEXIS 26441).

Mealey's IP/Tech - Law Firm Can't Dodge Malpractice Claims Stemming From Patent Case

ROCHESTER, N.Y. - Allegations of legal malpractice levied against a law firm in connection with its alleged failure to provide timely notice of alleged patent infringement will proceed, thanks to a March 4 denial of summary judgment by a New York federal judge (Oak Forest Products Inc., et al. v. Hiscock & Barclay LLP, No. 12-6453, W.D. N.Y.).

Mealey's PI/Product Liability - Woman Files Suit For California, New York Buyers Of Lumber Liquidators' Flooring

SAN FRANCISCO - A California woman on March 4 filed a class action lawsuit in federal court against Lumber Liquidators Inc., claiming that the company violated state consumer fraud laws by selling laminate flooring manufactured in China that contains levels of formaldehyde that exceed limits allowed by the state (Shelley Conte, et al. v. Lumber Liquidators Inc., et al., No. 15-cv-1012-JCS, N.D. Calif.).

Mealey's Litigation Procedure - GM MDL Judge Rules On Discovery Of Confidential Material

NEW YORK - The federal judge overseeing the General Motors LLC (New GM) ignition switch litigation on March 3 denied as "premature" a motion by the plaintiffs for an order requiring the automaker to provide unredacted versions of documents related to the automakers board of directors (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).

Mealey's Litigation Procedure - GM Asks MDL Judge To Dismiss Suits For Discovery Deficiencies

NEW YORK - General Motors LLC (New GM) on March 2 asked the judge overseeing the ignition switch multidistrict litigation to dismiss 303 suits without prejudice for failure to comply with discovery requirements (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).

Mealey's IP/Tech - Man Sentenced To 2 Years' Imprisonment For Hacking More Than 400 Computers

NEW YORK - In a March 2 judgment, a New York federal judge sentenced a confessed hacker to 24 months' imprisonment for his illegal access to at least 400 victims' computers via remote access tool (RAT) malicious software (malware) (United States of America v. Kyle Fedorek, No. 1:14-cr-00548, S.D. N.Y.).

Mealey's PI/Product Liability - New York Appeals Court Finds Contract Claims Over Condo Sale Untimely

NEW YORK - A New York appellate panel majority on March 3 found that a breach of contract claim brought by the purchaser of a 115-apartment residential building over air infiltration issues was barred by the purchase agreement's statute of limitations and that the buyer could pursue claims over allegedly fraudulent statements made by the sellers of the building (TIAA Global Investments LLC, et al. v. One Astoria Square LLC, et al., No. 652907/12, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 1756).

Mealey's PI/Product Liability - GM Asks MDL Judge To Dismiss Suits For Discovery Deficiencies

NEW YORK - General Motors LLC (New GM) on March 2 asked the judge overseeing the ignition switch multidistrict litigation to dismiss 303 suits without prejudice for failure to comply with discovery requirements (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).

Mealey's PI/Product Liability - GM MDL Judge Rules On Discovery Of Confidential Material

NEW YORK - The federal judge overseeing the General Motors LLC (New GM) ignition switch litigation on March 3 denied as "premature" a motion by the plaintiffs for an order requiring the automaker to provide unredacted versions of documents related to the automakers board of directors (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).

Mealey's PI/Product Liability - New York Justice: Brake-Grinding Machine Maker Must Face Asbestos Action

NEW YORK - A brake-grinding machine manufacturer must face liability for a man's exposure from asbestos-containing brakes used in conjunction with the grinder, a New York justice held in an opinion posted Feb. 27 (Linda Vellucci, as executrix of the heirs and estates of John Vellucci v. Borg Warner Corp., et al., No. 190201/12, N.Y. Sup., New York Co., 2015 N.Y. Misc. LEXIS 518).