NEW YORK - A bank's offer of complete relief in a class complaint over overdraft fees did not render the case moot, the Second Circuit U.S. Court of Appeals ruled May 14, affirming a district court's ruling but doing so on an alternative ground (Patrick Tanasi, et al. v. New Alliance Bank, et al., No. 14-1389, 2nd Cir.; 2015 U.S. App. LEXIS 7932).
NEW YORK - A federal judge in New York on May 11 denied a petition to depose convicted Ponzi scheme mastermind Bernard L. Madoff, ruling that investors who lost their life savings in Madoff's massive Ponzi scheme have failed to meet the statutory requirements for filing such a petition (Susanne Stone Marshall, et al. v. Bernard L. Madoff, et al., No. 15 mc. 56, S.D. N.Y.; 2015 U.S. Dist. LEXIS 61482).
NEW YORK - An Indian manufacturer of seamless tubes and other products on May 11 filed a petition in a New York federal court to confirm a $2,705,093 arbitration award, plus costs and interest, that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration (ISMT Limited v. Fremak Industries Inc., No. 15-3652, S.D. N.Y.).
NEW YORK - A New York federal judge's determination that the United States Polo Association Inc. and USPA Properties Inc. (USPA, collectively) were in contempt for violating a permanent injunction barring the use of a polo player logo was reversed and remanded May 13 by the Second Circuit U.S. Court of Appeals (United States Polo Association Inc., et al. v. PRL USA Holdings Inc., et al., Nos. 13-1038, -1130, 2nd Cir.; 2015 U.S. App. LEXIS 7862).
NEW YORK - A federal judge in New York on May 12 sentenced a man who pleaded guilty to two counts of health care fraud for his role in a scheme involving the sale of secondhand prescription drugs to 48 months in prison and ordered him to pay $2.9 million in restitution (United States of America v. Bladimir Rigo, No. 13 cr. 897, S.D. N.Y.; 2015 U.S. Dist. LEXIS 62239).
NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA), an employee alleges in a class action complaint filed May 8 in federal court in New York (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15 CV 3608, S.D. N.Y.).
SYRACUSE, N.Y. - A federal judge in New York on May 11 upheld a magistrate judge's earlier ruling and held that when the magistrate judge allowed a reinsurer to amend its answer and add a counterclaim against its reinsured, the decision was not clearly erroneous (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).
NEW YORK - The parents of a teenager killed in a single-vehicle accident caused in which his air bags failed to deploy because of an ignition-switch defect filed a wrongful death action against General Motors LLC (GM) in New York federal court on May 11 (In re General Motors Ignition Switch Litigation, No. 14-md-2543; Tracy Tucker, et al. v. General Motors LLC, No. 15-cv-03650-UA, S.D. N.Y.)
NEW YORK - A federal bankruptcy court did not err in preventing investors from filing a second amended complaint in a lawsuit connected to Bernard L. Madoff's massive Ponzi scheme, because investors' claims were duplicative and derivative of a suit already brought by Madoff's liquidation trustee, a New York federal judge ruled May 11 (In re Bernard L. Madoff Investment Securities LLC, [Adele Fox, et al. v. Irving H. Picard, et al.], No. 14-6790, S.D. N.Y.; 2015 U.S. Dist. LEXIS 61490).
WHITE PLAINS, N.Y. - Class action claims, which include a California state unfair competition law (UCL) claim, will continue against the producer and seller of food, body care and home care products after a New York federal judge on May 7 held that federal laws did not preempt the plaintiffs' claims that the defendant mislabeled products as "organic," "natural" or "all natural" (Leah Segedie, et al. v. The Hain Celestial Group Inc., No. 14-5029, S. D. N.Y.; 2015 U.S. Dist. LEXIS 60739).
BINGHAMTON, N.Y. - Summary judgment in an insurance breach of contract and bad faith lawsuit is proper because the insureds failed to comply with proof-of-loss policy requirements in their homeowners insurance policy, a federal judge in New York ruled May 6 (Timothy Hogan, et al v. Fidelity National Property & Casualty Insurance Co., No. 13-0009, N.D. N.Y.; 2015 U.S. Dist. LEXIS 59084).
NEW YORK - A Second Circuit U.S. Court of Appeals panel today found that the National Security Agency's bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court's dismissal of the lawsuit brought by the American Civil Liberties Union (ACLU) (American Civil Liberties Union, et al. v. James R. Clapper, et al., No. 14-42, 2nd Cir.; 2015 U.S. App. LEXIS 7531).
NEW YORK - A New York federal judge on May 6 found that counsel for a borrower who asserted class action claims related to alleged breaches of contract and the Truth in Lending Act (TILA) was entitled to an award of fees incurred during the case (Joseph Mazzei, et al. v. The Money Store, et al., No. 01cv5694, S.D. N.Y.; 2015 U.S. Dist. LEXIS 59397).
NEW YORK - A trial court on remand must consider a doctor's bias and retaliation claims brought under the New York City Human Rights Law (NYCHRL) as the federal court wrongly found that it lacked jurisdiction over the claims and that the claims must be analyzed separately from any federal and state law claims, the Second Circuit U.S. Court of Appeals ruled May 6 (Jotica Talwar v. Staten Island University Hospital, et al., No. 14-1520, 2nd Cir.; 2015 U.S. App. LEXIS 7455).
NEW YORK - A New York justice divided eight cases into three consolidated trial groups, saying in an opinion posted May 5 that shared attorneys and disease trump differences in places or time periods of exposure (George R. Birrell and Ramona J. Birrell, et al. v. Aerco International Inc., et al., No. 190105/2013, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1471).
KNOXVILLE, Tenn. - A federal judge in Tennessee on May 4 substantially dismissed an amended complaint filed by insureds in an insurance breach of contract lawsuit, ruling that the insureds' tort claims are time-barred and that they have failed to properly state other claims against their insurer (Bhagubhai Hira, et al. v. New York Life Insurance Co., No. 13-527, E.D. Tenn.; 2015 U.S. Dist. LEXIS 57860).
NEW YORK - A general contractor must face claims that its workers created a dangerous condition by sweeping up asbestos debris after a New York justice rejected challenges to state labor law claims in an opinion posted May 1 (John F. Storey and Candace Storey v. A.O. Smith Water Products Co., et al., No. 190283/13, N.Y. Sup., New York Co.).
NEW YORK - Owners of vehicles containing defective ignition switches on April 29 told the judge overseeing multidistrict litigation against General Motors LLC (New GM) that they intend to appeal a ruling by the U.S. Bankruptcy Court for the Southern District of New York finding that the bulk of ignition switch suits stemming from conduct on the part of General Motors Corp. (Old GM) are barred (In re General Motors LLC Ignition Switch Litigation, No. 14-md-2543 [JMF], S.D. N.Y.).