LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Health Insurer's Denial Supported By The Record, 2nd Circuit Panel Says

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 15 determined that a health benefits insurer did not wrongfully deny a claim for residential treatment because four physicians noted in the administrative record that residential treatment was not necessary (Neil Tansey, et al. v. Anthem Health Plans Inc., et al., No. 14-3931, 2nd Cir.; 2015 U.S. App. LEXIS 17889).

Mealey's Litigation Procedure - Reebok Hit With ADA Class Action Over Accessibility Of Website For Blind Users

NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).

Mealey's IP/Tech - Reebok Hit With ADA Class Action Over Accessibility Of Website For Blind Users

NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit: Award Of Fees In Copyright Case Was Improper

NEW YORK - A New York federal judge's decision to order a declaratory judgment defendant to pay a plaintiff accused of copyright infringement nearly $500,000 in attorney fees was reversed by the Second Circuit U.S. Court of Appeals on Oct. 16 (Effie Film LLC, et al. v. Gregory Murphy, No. 14-3367, 2nd Cir.; 2015 U.S. App. LEXIS 17937).

Mealey's Litigation Procedure - Judge Consolidates Securities Suits, Appoints Lead Plaintiff, Lead Counsel

NEW YORK - A federal judge in New York on Oct. 14 consolidated two securities class action lawsuits and appointed lead plaintiff and lead counsel, ruling that the institutional investor chosen meets all statutory requirements for serving as lead plaintiff (Megan Villella v. Chemical & Mining Co. of Chile Inc., et al., No. 15-2106, S.D. N.Y.; 2015 U.S. Dist. LEXIS 140578).

Mealey's Insurance - Federal Judge Refuses To Reconsider Ruling In Dispute Over $1.2M Employee Theft

ALBANY, N.Y. - A New York federal judge on Oct. 15 rejected an insurer's motion to reconsider its summary judgment ruling in a coverage dispute over a $1.2 million theft by the insured's former manager of accounting (Dataflow Inc., et al. Peerless Insurance Co., No. 11-1127, N.D. N.Y.; 2015 U.S. Dist. LEXIS 140181).

Mealey's Securities/D&O Liability - Judge Consolidates Securities Suits, Appoints Lead Plaintiff, Lead Counsel

NEW YORK - A federal judge in New York on Oct. 14 consolidated two securities class action lawsuits and appointed lead plaintiff and lead counsel, ruling that the institutional investor chosen meets all statutory requirements for serving as lead plaintiff (Megan Villella v. Chemical & Mining Co. of Chile Inc., et al., No. 15-2106, S.D. N.Y.; 2015 U.S. Dist. LEXIS 140578).

Mealey's PI/Product Liability - Bankruptcy Judge Stays GM Ignition Switch Case, Orders $10.6M Bond Be Posted

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 Oct. 14 granted a stay in the case and ordered that a $10.6 million bond be posted to cover the prejudice suffered by members of the General Unsecured Claims (GUC) Trust due to the delay in distributions caused by the enforcement of the stay (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 - Panel Rejects Reargument In Directors, Officers Liability Coverage Dispute

NEW YORK - A New York appeals panel on Oct. 15 rejected a directors and officers liability insurer's reargument that a merger litigation and an adversary proceeding constitute one continuous claim, reaffirming that coverage for the adversary proceeding is not subject to a 2006-07 policy's insured versus insured (IVI) exclusion (American Casualty Company of Reading, P.A., et al. v. Morris Gelb, et al., No. 15335 653280/11, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 7590).

Mealey's IP/Tech - 2nd Circuit Finds Google Library Project To Be Fair Use, Noninfringing

NEW YORK - In a case that it said "tests the boundaries of fair use," a Second Circuit U.S. Court of Appeals panel on Oct. 16 found that Google Inc.'s digital "Library Project" constituted fair use because it is transformative of the included copyrighted works and, therefore, is not infringing (The Authors Guild, et al. v. Google Inc., No. 13-4829, 2nd Cir.).

Mealey's Insurance - Pennsylvania Federal Judge Says Choice Of Law Ruling Will Not Be Changed

HARRISBURG, Pa. - A Pennsylvania federal judge on Oct. 13 denied an insurer's motion for reconsideration, determining that the addition to the record of a portion of the insurer's affidavit does not change the conclusion that Pennsylvania law, not New York law, governs the insured's lawsuit seeking coverage for underlying asbestos liabilities (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 138927).

Mealey's Securities/D&O Liability - Panel: Plaintiff Failed To Plead Reliance In Making Securities Law Claims

NEW YORK - A federal district court did not err in dismissing an investment consultant's complaint against a website and its operator for alleged violations of federal securities laws because the investment consultant failed to properly plead reliance, a Second Circuit U.S. Court of Appeals panel ruled Oct. 9 (Joseph M. Salvani, et al. v. InvestorHub.com Inc., et al., No. 14-3994, 2nd Cir.; 2015 U.S. App. LEXIS 17734).

Mealey's PI/Product Liability - N.Y. Justice Awards $5.6M In Uncontested Asbestos Trial Against Mining Company

BUFFALO, N.Y. - A New York justice on Oct. 9 ordered a defunct mining operation to pay $5.6 million after it refused to appear at trial, sources told Mealey Publications (Joseph Muir v. Air & Liquid Systems Corp., et al., No. 809307/2014, N.Y. Sup., Erie Co.).

Mealey's Labor & Employment - N.Y. Justice Awards $5.6M In Uncontested Asbestos Trial Against Mining Company

BUFFALO, N.Y. - A New York justice on Oct. 9 ordered a defunct mining operation to pay $5.6 million after it refused to appear at trial, sources told Mealey Publications (Joseph Muir v. Air & Liquid Systems Corp., et al., No. 809307/2014, N.Y. Sup., Erie Co.).

Mealey's Toxic Tort/Environmental - N.Y. Justice Awards $5.6M In Uncontested Asbestos Trial Against Mining Company

BUFFALO, N.Y. - A New York justice on Oct. 9 ordered a defunct mining operation to pay $5.6 million after it refused to appear at trial, sources told Mealey Publications (Joseph Muir v. Air & Liquid Systems Corp., et al., No. 809307/2014, N.Y. Sup., Erie Co.).

Mealey's IP/Tech - Microsoft To 2nd Circuit: European Ruling Supports Vacating Email Subpoena

NEW YORK - In an Oct. 6 notice filed in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that a ruling that same day by the European Court of Justice (ECJ), which was critical of U.S. extraterritorial data acquisition via warrants, supports its quest to vacate a subpoena served on it by the U.S. government requiring search and disclosure of the emails from an Irish-based Microsoft data center (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., No. 14-2985, 2nd Cir.).

Mealey's PI/Product Liability - Crane Co. Can't Escape Replacement Parts Suit, New York Justice Says

NEW YORK - Crane Co. has not successfully refuted evidence that it included asbestos with its valves or that it had a hand in or benefited from the use of asbestos-containing replacement parts, a New York justice held in an opinion posted Oct. 8 (Mark Ricci v. A.O. Smith Water Products Co., et al., No. 190224/14, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3620).

Mealey's IP/Tech - Legal Malpractice Claim Stemming From Failed Copyright Action Dismissed

NEW YORK - A plaintiff's allegation of misconduct by her former attorneys in connection with an unsuccessful action for copyright infringement was rejected Oct. 7 by a New York federal judge (Carla B. Boone v. Codispoti & Associates PC, et al., No. 15-1391, S.D. N.Y.; 2015 U.S. Dist. LEXIS 137054).

Mealey's Litigation Procedure - Microsoft To 2nd Circuit: European Ruling Supports Vacating Email Subpoena

NEW YORK - In an Oct. 6 notice filed in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that a ruling that same day by the European Court of Justice (ECJ), which was critical of U.S. extraterritorial data acquisition via warrants, supports its quest to vacate a subpoena served on it by the U.S. government requiring search and disclosure of the emails from an Irish-based Microsoft data center (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., No. 14-2985, 2nd Cir.).

Mealey's Toxic Tort/Environmental - Crane Co. Can't Escape Replacement Parts Suit, New York Justice Says

NEW YORK - Crane Co. has not successfully refuted evidence that it included asbestos with its valves or that it had a hand in or benefited from the use of asbestos-containing replacement parts, a New York justice held in an opinion posted Oct. 8 (Mark Ricci v. A.O. Smith Water Products Co., et al., No. 190224/14, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3620).

Mealey's Litigation Procedure - Federal Judge Orders Turnover Of Stock Certificates To Satisfy Award

NEW YORK - A New York federal judge on Oct. 6 granted a Korean global holding corporation's request for a turnover of stock certificates in a variety of wholly owned subsidiaries to satisfy a final arbitration award totaling $35 million in damages, but denied a request for discovery as premature (Daum Global Holdings Corp. v. Ybrant Digital Limited, et al., No. 13-03135, S.D. N.Y.; 2015 U.S. Dist. LEXIS 136835).

Mealey's PI/Product Liability - Judge Finds Boiler Disassembly Foreseeable, Denies Bid For Summary Judgment

NEW YORK - An appellate ruling relieving a manufacturer of liability for a salvage worker's asbestos exposure does not bar a man's claim for exposure arising from disassembling a boiler, a New York justice held in an opinion posted Oct. 1 (Ernest G. Smith and Claudia Smith v. A.O. Smith Water Products, et al., No. 190299/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3473).

Mealey's Insurance - New York Justice Asks For Input Regarding Termination Of HMO's Liquidation

NEW YORK - A New York justice on Oct. 2 issued an order to show cause asking why the liquidation of a health maintenance organization should not be terminated (In the Matter of Cigna Healthcare of New York, Inc., No. 452836/2014, N.Y. Sup., New York Co.).

Mealey's IP/Tech - Federal Judge: Reverse Confusion Not Shown In Trademark Case

NEW YORK - Efforts by a senior trademark user to enjoin the use of "GoBank" by a junior user failed Oct. 5, when a New York federal judge found that five of eight confusion factors favor the junior user (Flushing Bank v. Green Dot Corporation, et al., No. 13-9120, S.D. N.Y.; 2015 U.S. Dist. LEXIS 135368).

Mealey's Toxic Tort/Environmental - Judge Finds Boiler Disassembly Foreseeable, Denies Bid For Summary Judgment

NEW YORK - An appellate ruling relieving a manufacturer of liability for a salvage worker's asbestos exposure does not bar a man's claim for exposure arising from disassembling a boiler, a New York justice held in an opinion posted Oct. 1 (Ernest G. Smith and Claudia Smith v. A.O. Smith Water Products, et al., No. 190299/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3473).