LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - New York Court Further Reduces Asbestos Damages Award, Otherwise Affirms Verdict

NEW YORK - A widow must accept a $4.25 million award for past pain and suffering in an asbestos case or face retrial on the issue, a New York appeals court said Oct. 6 while otherwise rejecting Crane Co.'s challenge to the verdict (Ivana Peraica, etc., et al. v. A.O. Smith Water Products Co., et al., Crane Co., No. 190339/11, N.Y. Sup., App. Div., 1st Dept.).

Mealey's IP/Tech - 2nd Circuit Affirms: 'Made In America' Song Does Not Infringe Copyright

NEW YORK - Findings by a New York federal judge that Kanye West, Jay Z and other artists did not commit copyright infringement through their song "Made in America" were proper, the Second Circuit U.S. Court of Appeals ruled Oct. 7 (Joel R. McDonald aka Joel Mac v. Kanye West, et al., No. 15-3489, 2nd Cir.; 2016 U.S. App. LEXIS 18291).

Mealey's Toxic Tort/Environmental - New York Court: Asbestos Awards Excessive, But Otherwise Supported

NEW YORK - A New York appellate court on Oct. 6 reduced two awards in asbestos cases but said the evidence otherwise supported the verdicts against Crane Co. (In re New York City Asbestos Litigation; Laraine Sweberg, etc. v. ABB Inc., et al., Crane Co., No. 190017/13, N.Y. Sup., App. Div., 1st Dept.).

Mealey's Toxic Tort/Environmental - New York Court Further Reduces Asbestos Damages Award, Otherwise Affirms Verdict

NEW YORK - A widow must accept a $4.25 million award for past pain and suffering in an asbestos case or face retrial on the issue, a New York appeals court said Oct. 6 while otherwise rejecting Crane Co.'s challenge to the verdict (Ivana Peraica, etc., et al. v. A.O. Smith Water Products Co., et al., Crane Co., No. 190339/11, N.Y. Sup., App. Div., 1st Dept.).

Mealey's IP/Tech - New York Federal Jury Awards Tiffany's $13.75M In Trademark Case

NEW YORK - In part two of a two-phase damages trial, jurors empaneled before U.S. Judge Laura Taylor Swain of the Southern District of New York on Oct. 5 found that Tiffany and Co. is entitled to an additional $8.25 million in punitive damages as a result of trademark infringement by Costco Wholesale Corp., sources confirmed to Mealey Publications (Tiffany and Company v. Costco Wholesale Corp., No. 13-1041, S.D. N.Y.).

Mealey's Litigation Procedure - New York Federal Judge Awards $2.5 Million In Fees In ESOP Case

ROCHESTER, N.Y. - A New York federal judge on Oct. 4 awarded more than $2.5 million in attorney fees, costs and class representative awards in a case alleging that various fiduciaries violated the Employee Retirement Income Security Act by permitting the Eastman Kodak Employees' Savings and Investment (SIP) and Kodak Employee Stock Ownership Plans (ESOP) to offer Kodak stock as an investment option even after an objective investigation would have revealed that the stock represented an "extremely risky investment" (In re: Eastman Kodak ERISA Litigation, No. 6:12cv6051, W.D. N.Y.; 2016 U.S. Dist. LEXIS 137744).

Mealey's IP/Tech - New York Federal Judge: No Sanctions For Attorney In Copyright, Lanham Act Case

NEW YORK - Although finding "much to criticize" in the conduct of an attorney who advanced allegations of copyright infringement and violations of the Lanham Act in a third-party action against Viacom and others, a New York federal judge on Oct. 5 nonetheless declined a request for sanctions in the case (Scrilla Hill Entertainment Inc., et al. v. Bianca Dupree, et al., No. 16-490, S.D. N.Y.; 2016 U.S. Dist. LEXIS 138346).

Mealey's Insurance - Judge Confirms $2M Reinsurance Arbitration Awards

NEW YORK - A federal judge in New York on Oct. 3 confirmed two reinsurance arbitration awards, noting that there was no opposition to the confirmation (Nutmeg Insurance Company, et al. v. Employers Insurance of Wausau A Mutual Company, No. 16-cv-00317, S.D. N.Y.).

Mealey's Labor & Employment - New York Federal Judge Awards $2.5 Million In Fees In ESOP Case

ROCHESTER, N.Y. - A New York federal judge on Oct. 4 awarded more than $2.5 million in attorney fees, costs and class representative awards in a case alleging that various fiduciaries violated the Employee Retirement Income Security Act by permitting the Eastman Kodak Employees' Savings and Investment (SIP) and Kodak Employee Stock Ownership Plans (ESOP) to offer Kodak stock as an investment option even after an objective investigation would have revealed that the stock represented an "extremely risky investment" (In re: Eastman Kodak ERISA Litigation, No. 6:12cv6051, W.D. N.Y.; 2016 U.S. Dist. LEXIS 137744).

Mealey's PI/Product Liability - Judge Tells Employer To Provide Expert Witnesses' Previous Case Compensation

NEW YORK - In a personal injury lawsuit, an employer must provide information concerning its expert witnesses' past compensation in previous cases, a New York federal judge ruled Sept. 29, granting in part motions to exclude (Daniel Whalen v. CSX Transportation Inc., No. 13-3784, S.D. N.Y.; 2016 U.S. Dist. LEXIS 135061).

Mealey's Litigation Procedure - Judge Tells Employer To Provide Expert Witnesses' Previous Case Compensation

NEW YORK - In a personal injury lawsuit, an employer must provide information concerning its expert witnesses' past compensation in previous cases, a New York federal judge ruled Sept. 29, granting in part motions to exclude (Daniel Whalen v. CSX Transportation Inc., No. 13-3784, S.D. N.Y.; 2016 U.S. Dist. LEXIS 135061).

Mealey's Litigation Procedure - Judge Rules In Favor Of Turkish Investor, Denies Judgment For Kyrgyz

NEW YORK - After finding that an international tribunal has jurisdiction over an investment dispute related to a hotel and that the U.S. District Court for the Southern District of New York was the appropriate venue for enforcement proceedings, a New York federal judge on Oct. 3 granted judgment for a Turkish investor, finding that a $11,528,563 award, including costs and interest, should be confirmed (Sistem Muhendislik Insaat Ve Ticaret, A.S. v. The Kyrgyz Republic, No. 12-CV-4502, S.D. N.Y.; 2016 U.S. Dist. LEXIS 136905).

Mealey's Insurance - Insured Failed To Prove Existence Of Policies, New York Federal Judge Says

ALBANY, N.Y. - A New York federal judge on Sept. 29 granted summary judgment motions filed by three insurers in an asbestos coverage dispute after determining that the insured failed to prove the terms of lost policies and failed to provide sufficient evidence regarding the dates of first exposure for the underlying claims (Pacific Employers Insurance Co. v. Troy Belting & Supply Co., et al., No. 11-912, N.D. N.Y.; 2016 U.S. Dist. LEXIS 134224).

Mealey's Insurance - Judge Says Motion To Disqualify Counsel Was A Waste Of Time

NEW YORK - A federal judge in New York on Oct. 3 denied two alleged judgment creditors' motion to disqualify opposing counsel in a case where the alleged judgment creditors are asking the court to order payment of the confirmation of a reinsurance arbitration award (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.).

Mealey's IP/Tech - Federal Circuit: Form 18 Inapplicable To Claims Of Joint Patent Infringement

WASHINGTON, D.C. - A New York federal judge's decision to dismiss allegations of patent infringement levied against CBS Corp. and CBS Interactive Inc. was affirmed Sept. 30 by the Federal Circuit U.S. Court of Appeals, which ruled that Form 18 in the Appendix to the Federal Rules of Civil Procedure does not apply in cases alleging joint patent infringement (Edwin Lyda v. CBS Corporation, et al., No. 15-1923, Fed. Cir.; 2016 U.S. App. LEXIS 17694).

Mealey's Antitrust/Unfair Competition - 2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion

NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).

Mealey's Litigation Procedure - 2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion

NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).

Mealey's Litigation Procedure - Judge: Psychiatrist Allowed To Opine On Causation For Athlete's Eating Disorder

WHITE PLAINS, N.Y. - A psychiatrist may opine on the cause and exacerbation of a young female tennis player's bulimia while she was participating in a residential program, a New York federal judge ruled Sept. 28, declining to grant summary judgment on causation (Natalie O'Loughlin and Julia O'Loughlin v. USTA Player Development Inc., et al., No. 14-2194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 133586).

Mealey's Insurance - Reinsurer Challenges Lack Of Specifics In Complaint Filed By Insolvent Reinsured

NEW YORK - A reinsurer told a federal court in New York on Sept. 28 that it is contemplating moving for dismissal of a complaint that it describes as "a bare notice pleading" (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., No. 16-cv-04874, S.D. N.Y.).

Mealey's Litigation Procedure - Conde Nast's Dismissal Motion Fails In Class Suit Over Disclosing Customers' Info

NEW YORK - A New York federal judge on Sept. 28 denied a magazine publisher's attempt to dismiss a class complaint accusing it of violating the privacy rights of Michigan subscribers by selling their personal information to third parties (Suzanne Boelter, et al. v. Advance Magazine Publishers Inc., d/b/a/ Conde Nast, No. 15-5671, S.D. N.Y.; 2016 U.S. Dist. LEXIS 134484).

Mealey's PI/Product Liability - 2nd Circuit Dismisses Appeals From Former Professional Wrestlers

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 27 dismissed two appeals brought by two groups of former professional wrestlers who argued that their claims that World Wrestling Entertainment Inc. (WWE) hid the dangers of brain injuries from the wrestlers were improperly dismissed by the lower court because there is nothing in the wrestlers' appellate briefs that "overcomes the strong presumption that the judgment is not appealable" (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 16-1231, 2nd Cir.; 2016 U.S. App. LEXIS 17519).

Mealey's Insurance - Magistrate Recommends Summary Judgment In Insurer's Favor In Superstorm Sandy Suit

BROOKLYN, N.Y. - Concluding that the owner of a Brooklyn shopping center failed to file a timely proof of Superstorm Sandy loss, a New York federal magistrate judge on Sept. 28 recommended that the insurer's motion for summary judgment be granted in a coverage dispute arising from the storm (2027, LLC v. Aspen American Insurance Co., No. 14-6751, E.D. N.Y.; 2015 U.S. Dist. LEXIS 181604).

Mealey's Litigation Procedure - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Antitrust/Unfair Competition - Federal Class Actions Filed In Wake Of Yahoo Data Breach Announcement

SAN JOSE, Calif. - With the filing of a New York man's Sept. 24 complaint against Yahoo! Inc. in California federal court, at least five class action lawsuits have been filed against the Internet giant in the week since it announced a data breach affecting 500 million accounts (Edward McMahon v. Yahoo! Inc., No. 5:16-cv-05466, N.D. Calif.).

Mealey's PI/Product Liability - Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case

NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of America, No. 14-3525, S.D. N.Y.; 2016 U.S. Dist. LEXIS 131563).