LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Class Certification Denied In Lawsuit Alleging Excessive Fees For Medical Records

NEW YORK - A New York federal judge on Nov. 9 denied a motion for class certification filed in a lawsuit accusing a medical records retrieval company of charging excessive fees in violation of state laws but noted that he would be open to certifying a narrower class (Tatyana Ruzhinskaya, et al. v. HealthPort Technologies, LLC, No. 14-2921, S.D. N.Y.; 2015 U.S. Dist. LEXIS 151816).

Mealey's Litigation Procedure - Retrocessional Reinsurers Say Their Arbitration Umpire Candidates Are Qualified

NEW YORK -

Mealey's Bankruptcy - Punitive Damages Partially Allowed Against New GM In Ignition Switch Case

NEW YORK -

Mealey's Insurance - Retrocessional Reinsurers Say Their Arbitration Umpire Candidates Are Qualified

NEW YORK - A group of London-based retrocessional reinsurers said in a federal court in New York on Nov. 6 that their retrocessional reinsured's arguments questioning the qualifications of certain arbitration umpire candidates have already been rejected by the court in an earlier decision (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Punitive Damages Partially Allowed Against New GM In Ignition Switch Case

NEW YORK - The federal bankruptcy judge in New York presiding over the liquidation of Motors Liquidation Co., f/k/a General Motors Corp. (Old GM), on Nov. 9 ruled that with regard to the lawsuit against the company pertaining to defective ignition switches, punitive damages may be sought against New GM only to the extent that they are based on New GM's knowledge and conduct (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's IP/Tech - Judge Declines To Vacate Online Threats Conviction, Finds Elonis Distinguishable

BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 [2015]) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).

Mealey's Insurance - Judge Grants Allstate's Request For $1.3M In Suit Over Fraudulent Billing

NEW YORK - A federal judge in New York on Nov. 9 granted Allstate Insurance Co.'s motion for default judgment seeking $1.3 million in monetary damages from the last two defendants in a lawsuit over a fraudulent billing scheme, ruling that the defendants failed to challenge the sufficiency of the allegations (Allstate Insurance Company v. Winston Tapper, M.D., et al., No. 14-cv-5410, E.D. N.Y.; 2015 U.S. Dist. LEXIS 151803).

Mealey's Litigation Procedure - Reinsurer Asks Court To Perform In Camera Review Of Certain Requested Documents

SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Nov. 4 that there are documents it recently learned about that it wishes to compel production of that were allegedly wrongfully withheld by its reinsured (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).

Mealey's Insurance - Reinsurer Asks Court To Perform In Camera Review Of Certain Requested Documents

SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Nov. 4 that there are documents it recently learned about that it wishes to compel production of that were allegedly wrongfully withheld by its reinsured (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).

Mealey's Insurance - Parties To International Retrocessional Reinsurance Nominate Umpire Candidates

NEW YORK - Parties to a retrocessional reinsurance dispute between a domestic reinsurer and a London market reinsurer presented arbitration umpire candidates to a federal court in New York on Nov. 3 (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).

Mealey's Insurance - Judge Says Insurer Owes No Repair Costs For Undamaged Parts In Water Damage Claim

MIAMI - An insurer owes no coverage for costs to replace undamaged components on floors and undamaged carpeting of a condominium building that suffered water damage from a broken valve, a Florida federal judge ruled Nov. 5, granting in part summary judgment to the insurer (Great American Insurance Company of New York v. The Towers of Quayside No. 4 Condominium Association, No. 15-20056, S.D. Fla.; 2015 U.S. Dist. LEXIS 150358).

Mealey's Insurance - Insurer Says It Is Due Summary Judgment Against Reinsurer

SYRACUSE, N.Y. - An insurer told a federal court in New York on Nov. 2 that the follow the fortunes doctrine mandates that its asbestos-related reinsurance billings should be honored and that it should be granted summary judgment against its reinsurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-00700, N.D. N.Y.).

Mealey's Insurance - Reinsured: Reinsurer Owes More Than $5 Million In Asbestos-Related Billings

SYRACUSE, N.Y. - An insurer asked a federal court in New York on Nov. 2 to order its reinsurer to pay it $5,716,847.18 that the insurer says the reinsurer has wrongfully withheld (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-00699, N.D. N.Y.).

Mealey's IP/Tech - DOJ Defends Need For Unlocked IPhone Despite Defendant's Guilty Plea

BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

Mealey's IP/Tech - Federal Judge Sides With Online Bookseller In Copyright Case

NEW YORK - Two downloads by a single user of a free copy of a copyrighted book are insufficient to sustain an action for copyright infringement against BarnesandNoble.com LLC, a New York federal judge ruled Nov. 2 (Cheryl Smith v. BarnesandNoble.com LLC, No. 12-4374, S.D. N.Y.).

Mealey's Insurance - Appellate Panel Affirms Trial Court Asbestos- Related Reinsurance Decision

NEW YORK - A New York appeals panel on Oct. 29 affirmed a lower court, holding that evidence on the reasonableness of a group of reinsureds' allocation of a settlement amount to asbestos-insurance claims is contrary to an earlier appeals court decision (United States Fidelity & Guaranty Company, et al. v. American Re-Insurance Company, et al., No. 604517/02, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 7979).

Mealey's Insurance - N.Y. Justice Again Dismisses Breach Of Contract Claim In Superstorm Sandy Dispute

NEW YORK - A New York justice on Oct. 29 granted for the third time a building manager's motion to dismiss a breach of contract claim brought by the building's owner in a coverage dispute over Superstorm Sandy property damage (Orient Overseas Associates v. XL Insurance America, Inc., et al., No. 652292/2013, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - DOJ Defends Need For Unlocked IPhone Despite Defendant's Guilty Plea

BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Affirms Originality, Fair Use Findings In Copyright Case

NEW YORK - A New York federal judge properly found that the creator of an unauthorized fair use that exhibits sufficient originality may still claim independent copyright protection for those original contributions, the Second Circuit U.S. Court of Appeals ruled Oct. 30 (Jaime Keeling v. Eve Hars, et al., No. 13-694, 2nd Cir.).

Mealey's Litigation Procedure - Claims Administrator Of Parties To Reinsurance Program Dismissed From Case

NEW YORK - A federal judge in New York on Oct. 28 dismissed all claims against a third-party claims administrator in a case alleging that a pair of insurers were fraudulently induced to become parties to a reinsurance program (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.; 2015 U.S. Dist. LEXIS 147628).

Mealey's Insurance - Claims Administrator Of Parties To Reinsurance Program Dismissed From Case

NEW YORK - A federal judge in New York on Oct. 28 dismissed all claims against a third-party claims administrator in a case alleging that a pair of insurers were fraudulently induced to become parties to a reinsurance program (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.; 2015 U.S. Dist. LEXIS 147628).

Mealey's Labor & Employment - Defendants In Model's Wage Suit Ordered To Send Corrective Notice To Class

NEW YORK - A New York federal magistrate judge on Oct. 27 directed the defendants in a wage-and-hour collective action filed by a model to send a corrective notice to the potential collective action members and to produce within 30 days all other correspondence sent to members regarding the lawsuit (Eva Agerbrink, et al. v. Model Service LLC d/b/a MSA Models, et al., No. 14-7841, S.D. N.Y.; 2015 U.S. Dist. LEXIS 145563).

Mealey's Litigation Procedure - Defendants In Model's Wage Suit Ordered To Send Corrective Notice To Class

NEW YORK - A New York federal magistrate judge on Oct. 27 directed the defendants in a wage-and-hour collective action filed by a model to send a corrective notice to the potential collective action members and to produce within 30 days all other correspondence sent to members regarding the lawsuit (Eva Agerbrink, et al. v. Model Service LLC d/b/a MSA Models, et al., No. 14-7841, S.D. N.Y.; 2015 U.S. Dist. LEXIS 145563).

Mealey's Antitrust/Unfair Competition - 2nd Circuit Finds Keurig Coffee Maker Will Not Cause Losses To Other Company

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 26 affirmed a district court's decision in favor of Keurig Green Mountain Inc. to dismiss claims for violation of California's unfair competition law (UCL) and other claims against it, finding a lack of evidence to show that its new coffee maker will cause another manufacturer's business to suffer significant losses (JBR, Inc. v. Keurig Green Mountain Inc., No. 14-3578, 2nd Cir.; 2015 U.S. App. LEXIS 18625).

Mealey's PI/Product Liability - Novartis Will Pay $390M To Settle False Claims Suit About Marketing Of 4 Drugs

NEW YORK - One week before trial, Novartis Pharmaceuticals Co. on Oct. 27 announced it has reached an agreement in principle to settle a False Claims Act lawsuit with the United States and various states for $390 million (United States of America, ex rel. David Kester v. Novartis Pharmaceuticals Co., No. 11-8196, S.D. N.Y.).