LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Refuses To Preclude Expert Testimony On Brake Dust Link To Mesothelioma

NEW YORK - A New York federal judge on Sept. 22 declined to exclude an expert's testimony that brake dust causes mesothelioma in a wrongful death lawsuit (Deste C. Relyea, as Executor of the Estate of Jo Ann Relyea v. Borg Warner Corp., et al., No. 12-3564, S.D. N.Y.; 2015 U.S. Dist. LEXIS 126895).

Mealey's Labor & Employment - 2nd Circuit: Arbitration Clause In New Employment Contract Is Not Retroactive

NEW YORK - An arbitration clause in an employment agreement signed by workers who were made employees after working as independent contractors is not binding on events that occurred before the signing, the Second Circuit U.S. Court of Appeals ruled Sept. 22, upholding a decision by the district court (Jan P. Holick Jr., et al. v. Cellular Sales of New York, LLC, et al., No. 14-4323, 2nd Cir.; 2015 U.S. App. LEXIS 16815).

Mealey's Litigation Procedure - Judge Refuses To Preclude Expert Testimony On Brake Dust Link To Mesothelioma

NEW YORK - A New York federal judge on Sept. 22 declined to exclude an expert's testimony that brake dust causes mesothelioma in a wrongful death lawsuit (Deste C. Relyea, as Executor of the Estate of Jo Ann Relyea v. Borg Warner Corp., et al., No. 12-3564, S.D. N.Y.; 2015 U.S. Dist. LEXIS 126895).

Mealey's Litigation Procedure - 2nd Circuit: Arbitration Clause In New Employment Contract Is Not Retroactive

NEW YORK - An arbitration clause in an employment agreement signed by workers who were made employees after working as independent contractors is not binding on events that occurred before the signing, the Second Circuit U.S. Court of Appeals ruled Sept. 22, upholding a decision by the district court (Jan P. Holick Jr., et al. v. Cellular Sales of New York, LLC, et al., No. 14-4323, 2nd Cir.; 2015 U.S. App. LEXIS 16815).

Mealey's Labor & Employment - New York Federal Judge Approves $1.5 Million DHL Wage Settlement

NEW YORK - A New York federal judge on Sept. 21 granted final approval of a $1.5 million settlement to be paid by an international mail and freight company to end wage claims by a class of its workers but reduced the fees sought by class counsel from $500,000 to $370,236.50 (Dionne Marshall, et al. v. Deutsche Post DHL, et al., No. 13-1471, E.D. N.Y.; 2015 U.S. Dist. LEXIS 125869).

Mealey's Litigation Procedure - 2 Class Actions Filed In New York Federal Court Over Excellus Data Breach

ROCHESTER, N.Y. - Two putative class actions were filed Sept. 18 against Excellus Health Plan Inc. in the U.S. District Court for the Western District of New York, alleging negligence in the health insurance provider's failure to safeguard policyholders' personally identifiable information (PII) and protected health information (PHI) from a recently announced data breach (Matthew Fero, et al. v. Excellus Health Plan Inc., et al., No. 6:15-cv-06569; Nicholas Gilbert v. Excellus Health Plan Inc., No. 6:15-cv-06570; W.D. N.Y.).

Mealey's Litigation Procedure - Federal Judge Finds Removal Was Proper Under New York Convention

LOS ANGELES - A California federal judge on Sept. 18 found that a solar corporation's claims against two Chinese entities were directly related to an underlying arbitration agreement and that its breach of contract claims were properly removed to federal court (Sunvalley Solar Inc. v. CEEG [Shanghai] Solar, et al., No. 15-5099, C.D. Calif.; 2015 U.S. Dist. LEXIS 125199).

Mealey's IP/Tech - New York Federal Judge: Copyright Claims Against University Are Untimely

NEW YORK - A New York federal magistrate judge did not err in deeming copyright infringement allegations by student and adjunct lecturer against the City University of New York untimely, a New York federal judge ruled Sept. 22 (Edgardo Diaz v. City University of New York, et al., No. 13-2038, S.D. N.Y.; 2015 U.S. Dist. LEXIS 126855).

Mealey's Litigation Procedure - New York Federal Judge Approves $1.5 Million DHL Wage Settlement

NEW YORK - A New York federal judge on Sept. 21 granted final approval of a $1.5 million settlement to be paid by an international mail and freight company to end wage claims by a class of its workers but reduced the fees sought by class counsel from $500,000 to $370,236.50 (Dionne Marshall, et al. v. Deutsche Post DHL, et al., No. 13-1471, E.D. N.Y.; 2015 U.S. Dist. LEXIS 125869).

Mealey's Bankruptcy - Lawyer Says Manville Trust Unlawfully Disallowed Submission Of His Claims

NEW YORK - The trustees of the asbestos trust established in the landmark Chapter 11 case of Johns-Manville Corp. abused their discretion and breached their fiduciary duties of impartiality and loyalty when they decided to disallow the submission of claims from a California attorney based on allegations that he has filed unreliable claim-related evidence with other asbestos personal injury settlement trusts, the attorney said Sept. 21 in his answer to the Johns-Manville trust's declaratory judgment adversary complaint (In re Johns-Manville Corporation, et al., No. 82-11656 [Manville Personal Injury Settlement Trust v. Michael J. Mandelbrot and The Mandelbrot Law Firm, No. 15-01296], S.D. N.Y. Bkcy.).

Mealey's IP/Tech - New York Magistrate Judge Grants Leave To Amend In Trademark Case

NEW YORK - A dispute over whether "FlashXHype" is likely to confuse consumers will proceed with new allegations of trademark infringement, in light of a recently received trademark registration for "XHype," thanks to a Sept. 21 ruling by a New York federal magistrate judge (Cat3 LLC et al. v. Black Lineage Inc. et al., No. 14-5511, S.D. N.Y.; 2015 U.S. Dist. LEXIS 125879).

Mealey's Labor & Employment - Fund Failed To Show Madoff Investment Caused A Loss, N.Y. Federal Judge Says

NEW YORK - A New York federal judge on Sept. 16 dismissed a pension fund's complaint against its investment advisers because the trustees of the pension fund failed to allege a legally cognizable loss sustained as a result of the placement of assets in Bernard Madoff's Ponzi scheme (Trustees of the Upstate New York Engineers Pension Fund v. Ivy Asset Management et al., No. 13-3180, S.D. N.Y.; 2015 U.S. Dist. LEXIS 123590).

Mealey's PI/Product Liability - Judge Dismisses Claims That UPS Knowingly Delivered Contraband Cigarettes

NEW YORK - A federal judge in New York on Sept. 16 dismissed claims brought by the State of New York and the City of New York contending that United Parcel Service Inc. (UPS) knowingly delivered millions of packs of contraband cigarettes throughout the state between January 2010 and November 2014 (The State of New York, et al. v. United Parcel Service Inc., No. 15-1136, S.D. N.Y.; 2015 U.S. Dist. LEXIS 123771).

Mealey's IP/Tech - Federal Circuit Partly Affirms, Partly Reverses Noninfringement Holding

WASHINGTON, D.C. - A New York federal judge's determination on summary judgment that two categories of accused products did not infringe three patents was reversed, in part, by the Federal Circuit U.S. Court of Appeals on Sept. 16 (TNS Media Research LLC d/b/a Kantar Media Audiences, et al. v. TiVO Research and Analytics Inc., d/b/a TRA Inc., No. 14-1668, Fed. Cir.).

Mealey's IP/Tech - Federal Circuit Vacates Attorney Fee Award In Patent Case

WASHINGTON, D.C. - The same day it vacated findings that three patents were not infringed, the Federal Circuit U.S. Court of Appeals on Sept. 16 in a contemporaneous ruling vacated as "premature" a New York federal judge's award of attorney fees in the case (TNS Media Research LLC d/b/a Kantar Media Audiences, et al. v. TiVO Research and Analytics Inc., d/b/a TRA Inc., No. 15-1252, Fed. Cir.).

Mealey's PI/Product Liability - GM Argues It Is Not Liable For Punitive Damages In Personal Injury Suits

NEW YORK - General Motors LLC (New GM) on Sept. 13 argued before a New York federal bankruptcy court that it has no liability to pay punitive damages in relation to numerous personal injury lawsuits filed against it, submitting that it is not responsible for the conduct of Motors Liquidation Co., f/k/a General Motors Corp. (Old GM) (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 Insurance - New York Liquidation Bureau Says Ancillary Receivership Has Self-Terminated

NEW YORK - A representative of an insolvent Oklahoma insurer's ancillary receiver told a New York court on Sept. 14 that, per an earlier court order, the ancillary receivership proceeding has ended (In the Matter of Red Rock Insurance Company, No. 451197/15, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - Lions Gate Entertainment Seeks To Settle Intern Suit For $1.34 Million

NEW YORK - A former intern for "The Wendy Williams Show" on Sept. 11 moved in the U.S. District Court for the Southern District of New York to settle his class complaint with Lions Gate Entertainment Corp. after the company agreed to pay $1,341,752 to end claims that it, Lions Gate Films Inc. and Debmar-Mercury LLC violated federal and state wage-and-hour statutes by failing to pay their interns (Anthony Tart, et al. v. Lions Gate Entertainment Corporation, et al., No. 14-8004, S.D. N.Y.).

Mealey's PI/Product Liability - Federal Judge Dismisses Securities Law Claims Against Medical Device Maker

NEW YORK - A federal judge in New York on Sept. 14 dismissed a securities class action complaint filed against a medical device maker and its CEO, ruling that the lead plaintiff in the action failed to properly plead an actionable misrepresentation or scienter in making his federal securities law claims (In re EDAP TMS S.A. Securities Litigation, No. 14-6069, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121960).

Mealey's Litigation Procedure - Federal Judge Dismisses Securities Law Claims Against Medical Device Maker

NEW YORK - A federal judge in New York on Sept. 14 dismissed a securities class action complaint filed against a medical device maker and its CEO, ruling that the lead plaintiff in the action failed to properly plead an actionable misrepresentation or scienter in making his federal securities law claims (In re EDAP TMS S.A. Securities Litigation, No. 14-6069, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121960).

Mealey's Litigation Procedure - N.Y. Federal Judge Denies EEOC Summary Judgment, Bifurcates Gender Bias Trial

NEW YORK - A New York federal judge on Sept. 11 denied a motion by the Equal Employment Opportunity Commission for summary judgment in a gender bias suit, but granted in part a motion by the EEOC for a bifurcated trial (Equal Employment Opportunity Commission v. Mavis Discount Tire, Inc., et al., No. 12-741, S.D. N.Y.; 2015 U.S. Dist. LEXIS 121527).

Mealey's Labor & Employment - Plan Participants Allowed To File 4th Amended Complaint, Federal Judge Says

NEW YORK - A New York federal judge on Sept. 8 allowed class action plaintiffs to file a fourth amended complaint to add claims related to a retirement plan's alleged breach of the duty of loyalty to the plan participants after determining that the plaintiffs raise a plausible inference that the defendants did not act solely in the interests of the plan's beneficiaries during the class period (Marya J. Leber v. Citigroup, Inc., et al., No. 07-9329, S.D. N.Y; 2015 U.S. Dist. LEXIS 119043).

Mealey's Insurance - Flood Policy Is Duplicate; No Coverage For Superstorm Sandy Claim, Panel Affirms

NEW YORK - The Second Circuit U.S. Court of Appeals held Sept. 10 that there is no genuine dispute regarding whether a dog grooming and daycare facility insured's Standard Flood Insurance Policy (SFIP) was a "duplicate" under the meaning of the SFIP, affirming a lower court's ruling that a federal flood insurer did not commit breach of contract when it denied a Superstorm Sandy claim (Fetch NYC Inc. v. Allstate Insurance Co., et al., No. 14-3431, 2nd Cir.; 2015 U.S. App. LEXIS 16059).

Mealey's Litigation Procedure - Federal Judge Refuses To Reconsider Order Denying Romania's Petition To Vacate

NEW YORK - A New York federal judge on Sept. 9 issued an order refusing a request filed by the government of Romania to reconsider a decision that refused to vacate a $185,530,618 arbitration award issued by the International Centre for Settlement of Investment Disputes (ICSID) in favor of several investors, finding that all of its arguments lacked merit (Viorel Micula v. Government of Romania, No. 15-107, S.D. N.Y.; 2015 U.S. Dist. LEXIS 119906).

Mealey's Labor & Employment - 2nd Circuit: State Agency Findings In Bias Suit Are Not Governed By Collins

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Sept. 4 reinstated a train operator's disability bias claim, finding that a district court erred in determining that under Collins v. New York City Transit Authority (305 F.3d 113 [2d Cir. 2002]), a state agency's dismissal of the claim was binding (Juan A. Cortes v. MTA New York City Transit, No. 14-713, 2nd Cir.; 2015 U.S. App. LEXIS 15775).