LexisNexis® Legal Newsroom
Mealey's IP/Tech - New York Magistrate: Set Aside Default, Dismiss Copyright Complaint

NEW YORK - A default judgment entered against a defendant in a copyright and trademark infringement case should be set aside, and the complaint dismissed, a New York federal magistrate judge said in a June 17 report and recommendation (Susan Gench v. Liquid Web Inc. et al., No. 14-3592, S.D. N.Y.; 2015 U.S. Dist. LEXIS 78309).

Mealey's Insurance - No Coverage Owed For Suit Alleging Injuries Caused By Mold, Ill. Federal Judge Says

CHICAGO - An Illinois federal judge on June 16 granted an insurer's motion for summary judgment after finding that a fungi and bacteria exclusion clearly precludes coverage for an underlying suit filed by residents of an insured apartment complex and alleging injuries as a result of exposure to mold and other toxic airborne pathogens (Tower Insurance Company of New York v. Pima Lansing LLC et al., No. 14-02271, N.D. Ill.; 2015 U.S. Dist. LEXIS 77506).

Mealey's PI/Product Liability - Amended MDL Complaint Says GM, Counsel Worked Together To Hide Defect

NEW YORK - Plaintiffs in the General Motors LLC (New GM) ignition-switch defect multidistrict litigation on June 12 filed an amended consolidated complaint that includes accusations that the automaker and outside counsel worked together to hide the defect (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).

Mealey's PI/Product Liability - Component Parts Case May Continue, New York Appeals Court Says

ROCHESTER, N.Y. - Crane Co. can be held liable for failing to warn about the dangers of asbestos-containing component parts where questions exist about the usefulness of non-asbestos-containing options, a New York appeals court held June 12 (In the Matter of the Eighth Judicial District Asbestos Litigation, Beth Ann Pienta, et al. v. A.W. Chesterton Co., et al. and Crane Co., No. 14-02303, N.Y. Sup., App. Div., 4th Dept.).

Mealey's Litigation Procedure - Panel: Court Did Not Err In Finding Amendment Futile In Securities Suit

NEW YORK - A federal judge did not err in denying lead plaintiffs the chance to amend their complaint in a securities class action lawsuit because amendment was futile, a Second Circuit U.S. Court of Appeals panel ruled June 15 (NECA-IBEW Pension Trust Fund, et al. v. Kenneth D. Lewis, et al., No. 14-0402, 2nd Cir.).

Mealey's Securities/D&O Liability - Panel: Court Did Not Err In Finding Amendment Futile In Securities Suit

NEW YORK - A federal judge did not err in denying lead plaintiffs the chance to amend their complaint in a securities class action lawsuit because amendment was futile, a Second Circuit U.S. Court of Appeals panel ruled June 15 (NECA-IBEW Pension Trust Fund, et al. v. Kenneth D. Lewis, et al., No. 14-0402, 2nd Cir.).

Mealey's Insurance - Insurer Says Cited Authority Cannot Be Stricken As It Is Not Evidence

SYRACUSE, N.Y. - An insurer told a federal court in New York on June 15 that documents attached to a motion for reconsideration represent secondary authority and not new evidence and, therefore, should not be stricken (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).

Mealey's Litigation Procedure - Federal Judge Confirms $3.6 Million ICC Award In Dispute Over Shipments

NEW YORK - A New York federal judge on June 15 granted a petition to confirm a $3,604,198 arbitration award issued in favor of an Indian maker of seamless tubes, finding that the arbitrator did not exceed his authority in issuing the award (ISMT Limited v. Fremak Industries Inc., No. 15-3652, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Component Parts Case May Continue, New York Appeals Court Says

ROCHESTER, N.Y. - Crane Co. can be held liable for failing to warn about the dangers of asbestos-containing component parts where questions exist about the usefulness of non-asbestos-containing options, a New York appeals court held June 12 (In the Matter of the Eighth Judicial District Asbestos Litigation, Beth Ann Pienta, et al. v. A.W. Chesterton Co., et al. and Crane Co., No. 14-02303, N.Y. Sup., App. Div., 4th Dept.).

Mealey's Litigation Procedure - JPMDL Consolidates Alibaba Securities Suits In New York Federal Court

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on June 9 transferred two securities class action lawsuits to the U.S. District Court for the Southern District of New York and consolidated the actions with four similar actions already filed in the District Court, ruling that the actions meet statutory requirements for pretrial consolidation (In re Alibaba Group Holding Limited Securities Litigation, MDL No. 2631, JPMDL).

Mealey's Litigation Procedure - Panel: Judge Properly Rejected Objection To Securities Settlement

NEW YORK - A federal district court did not err in rejecting a shareholder's objection to a securities class action lawsuit settlement because the settlement notice was adequate and the attorney fee award was "acceptable," a Second Circuit U.S. Court of Appeals panel ruled June 10 (J. Robert Arbuthnot, et al. v. Donald R. Pierson II, et al., No. 14-2135, 2nd Cir.).

Mealey's Labor & Employment - $4.23 Million Settlement Proposed In Warner Music Group Intern Wage Dispute

NEW YORK - Interns suing Warner Music Group Corp. and Atlantic Recording Corp. (collectively, WMG) in the U.S. District Court for the Southern District of New York for unpaid wages filed a motion June 9 seeking preliminary approval of a $4.23 million settlement (Kyle Grant, et al. v. Warner Music Group Corp., et al., No. 13-4449, Justin Henry, et al. v. Warner Music Group Corp., et al., No. 13-5031, S.D. N.Y.).

Mealey's Securities/D&O Liability - Panel: Judge Properly Rejected Objection To Securities Settlement

NEW YORK - A federal district court did not err in rejecting a shareholder's objection to a securities class action lawsuit settlement because the settlement notice was adequate and the attorney fee award was "acceptable," a Second Circuit U.S. Court of Appeals panel ruled June 10 (J. Robert Arbuthnot, et al. v. Donald R. Pierson II, et al., No. 14-2135, 2nd Cir.).

Mealey's Litigation Procedure - $4.23 Million Settlement Proposed In Warner Music Group Intern Wage Dispute

NEW YORK - Interns suing Warner Music Group Corp. and Atlantic Recording Corp. (collectively, WMG) in the U.S. District Court for the Southern District of New York for unpaid wages filed a motion June 9 seeking preliminary approval of a $4.23 million settlement (Kyle Grant, et al. v. Warner Music Group Corp., et al., No. 13-4449, Justin Henry, et al. v. Warner Music Group Corp., et al., No. 13-5031, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Puerto Rico Dismisses Without Prejudice MTBE Claims Against Gasoline Companies

NEW YORK - The Commonwealth of Puerto Rico on June 10 stipulated to an order of dismissal without prejudice of some of its claims in against numerous defendants regarding groundwater allegedly contaminated by the gasoline additive methyl tertiary butyl ether (MTBE). The commonwealth retains the right to amend its complaint, however, to add claims for a regulatory enforcement action against the companies (In re: Methyl Tertiary Butyl Ether [MTBE] Products Liability Litigation, MDL 1358, No. 00-1898, Commonwealth of Puerto Rico v. Shell Oil Co., et al., No. 07 Civ. 10470, S.D. N.Y.).

Mealey's Securities/D&O Liability - JPMDL Consolidates Alibaba Securities Suits In New York Federal Court

WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation on June 9 transferred two securities class action lawsuits to the U.S. District Court for the Southern District of New York and consolidated the actions with four similar actions already filed in the District Court, ruling that the actions meet statutory requirements for pretrial consolidation (In re Alibaba Group Holding Limited Securities Litigation, MDL No. 2631, JPMDL).

Mealey's PI/Product Liability - Delaware Court Asks New York To Weigh In On Asbestos-Insurance Dispute

WILMINGTON, Del. - The Delaware Supreme Court on June 10 certified questions to New York's top court about whether all sums or pro rata allocation governs an insurance dispute and how insurance policy exhaustion affects access to excess policies. The long-running dispute involves insurance coverage for asbestos claims against Viking Pump Inc. and Warren Pumps LLC (Viking Pump Inc. v. Century Indemnity Co., et al. Warren Pumps LLC v. Century Indemnity Co., et al., Viking Pump Inc. v. John Crane Inc., Houdaille Industries Inc., No. 518,2014; 523,2014; 525,2014; 528,2014, Del. Sup.; 2015 Del. LEXIS 278).

Mealey's Insurance - Delaware Court Asks New York To Weigh In On Asbestos-Insurance Dispute

WILMINGTON, Del. - The Delaware Supreme Court on June 10 certified questions to New York's top court about whether all sums or pro rata allocation governs an insurance dispute and how insurance policy exhaustion affects access to excess policies. The long-running dispute involves insurance coverage for asbestos claims against Viking Pump Inc. and Warren Pumps LLC (Viking Pump Inc. v. Century Indemnity Co., et al. Warren Pumps LLC v. Century Indemnity Co., et al., Viking Pump Inc. v. John Crane Inc., Houdaille Industries Inc., No. 518,2014; 523,2014; 525,2014; 528,2014, Del. Sup.; 2015 Del. LEXIS 278).

Mealey's Litigation Procedure - Magistrate Judge Declares Certain Reinsurance Discovery Material Confidential

SYRACUSE, N.Y. - A federal magistrate judge in New York on June 10 ordered that certain discovery material produced in a reinsurance dispute may be designated by the parties as confidential (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).

Mealey's PI/Product Liability 2 Plaintiff Groups Appeal Order Shielding GM From Suit Liability

NEW YORK - A group of plaintiffs who seek damages for injuries suffered in ignition-switch-related accidents that occurred before the sale of the assets of General Motors Corp. (Old GM) to General Motors LLC (New GM) filed an appeal on June 10 from a bankruptcy court ruling that New GM is shielded from the majority of ignition-switch suits stemming from conduct on the part of Old GM (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's Toxic Tort/Environmental - Delaware Court Asks New York To Weigh In On Asbestos-Insurance Dispute

WILMINGTON, Del. - The Delaware Supreme Court on June 10 certified questions to New York's top court about whether all sums or pro rata allocation governs an insurance dispute and how insurance policy exhaustion affects access to excess policies. The long-running dispute involves insurance coverage for asbestos claims against Viking Pump Inc. and Warren Pumps LLC (Viking Pump Inc. v. Century Indemnity Co., et al. Warren Pumps LLC v. Century Indemnity Co., et al., Viking Pump Inc. v. John Crane Inc., Houdaille Industries Inc., No. 518,2014; 523,2014; 525,2014; 528,2014, Del. Sup.; 2015 Del. LEXIS 278).

Mealey's Insurance - Magistrate Judge Declares Certain Reinsurance Discovery Material Confidential

SYRACUSE, N.Y. - A federal magistrate judge in New York on June 10 ordered that certain discovery material produced in a reinsurance dispute may be designated by the parties as confidential (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).

Mealey's IP/Tech - New York Federal Judge Sides With Copyright Defendant

ROCHESTER, N.Y. - Efforts by a copyright infringement plaintiff to hold a former licensee responsible for copying designs that were pitched and rejected failed June 10, when a New York federal judge instead granted the defendant summary judgment (Barbara McDonald v. K-2 Industries Inc. d/b/a Pavilion Gift Company, No. 10-6678, W.D. N.Y.; 2015 U.S. Dist. LEXIS 75205).

Mealey's PI/Product Liability - Judge Denies Motion For Reconsideration In Securities Class Action

NEW YORK - A federal judge in New York on June 5 denied motions for reconsideration filed by defendants in a securities class action lawsuit, ruling that the defendants' arguments fail as a matter of law (In re BioScrip Inc. Securities Litigation, No. 13-6922, S.D. N.Y.; 2015 U.S. Dist. LEXIS 73484).

Mealey's Litigation Procedure - Judge Denies Motion For Reconsideration In Securities Class Action

NEW YORK - A federal judge in New York on June 5 denied motions for reconsideration filed by defendants in a securities class action lawsuit, ruling that the defendants' arguments fail as a matter of law (In re BioScrip Inc. Securities Litigation, No. 13-6922, S.D. N.Y.; 2015 U.S. Dist. LEXIS 73484).