LexisNexis® Legal Newsroom
Mealey's Insurance - Coverage For Insured Is Clearly Limited To $100,000, New York Appellate Panel Says

BROOKLYN, N.Y. - Because a policy clearly provides for a maximum of $100,000 in coverage for cleanup and removal of the discharge of a pollutant caused by a "peril" that occurs during a policy period, the maximum amount of coverage available to an insured seeking coverage for the release of gasoline from an underground storage tank at its service station is $100,000, the Second Department Appellate Division of the New York Supreme Court said April 15 (L & D Service Station, Inc., v. Utica First Insurance Co., et al., No. 2013-05805, N.Y. Sup., App. Div., 2nd Dept.; 2015 N.Y. App. Div. LEXIS 3084).

Mealey's Toxic Tort/Environmental - New York Justice Finds Tile Maker Didn't Meet Summary Judgment Standard

NEW YORK - A tile company has not satisfied the prima facie standard for summary judgment, the recently appointed New York justice overseeing asbestos litigation in the city held in an opinion posted April 16 (Richard R. Lefrak v. Aerco International Inc., et al., No. 190033/14, N.Y. Sup., New York Co.).

Mealey's Securities/D&O Liability - Split 2nd Circuit Panel Affirms Dismissal Of Securities Class Action

NEW YORK - A divided Second Circuit U.S. Court of Appeals panel on April 15 affirmed a federal district court's dismissal of a securities class action lawsuit, ruling that shareholders failed to state a claim for relief (IBEW Local Union No. 58 Pension Trust Fund and Annuity Fund v. The Royal Bank of Scotland Group PLC, et al., No. 13-3289, 2nd Cir.).

Mealey's Bankruptcy - New York Bankruptcy Judge Finds Suits Against GM Barred By Sale Order

NEW YORK - A sale order and injunction issued pursuant to Section 363 of the U.S. Bankruptcy Code shields General Motors LLC (New GM) from liability for the majority of ignition-switch suits stemming from conduct on the part of General Motors Corp. (Old GM), a bankruptcy judge in New York held April 15 (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 PI/Product Liability - Justice: Insufficient Evidence Defendant Knew Of Asbestos Risks

NEW YORK - A couple lacks evidence that a defendant purchased the asbestos-containing products in question or that it knew of the dangers of the products in question, a New York justice held in an opinion posted April 13 (John P. Carroll and Mary Carroll v. CBS Corp., et al., No. 190262/12, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1131).

Mealey's PI/Product Liability - New York Bankruptcy Judge Finds Suits Against GM Barred By Sale Order

NEW YORK - A sale order and injunction issued pursuant to Section 363 of the U.S. Bankruptcy Code shields General Motors LLC (New GM) from liability for the majority of ignition-switch suits stemming from conduct on the part of General Motors Corp. (Old GM), a bankruptcy judge in New York held April 15 (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 - Justice: Insufficient Evidence Defendant Knew Of Asbestos Risks

NEW YORK - A couple lacks evidence that a defendant purchased the asbestos-containing products in question or that it knew of the dangers of the products in question, a New York justice held in an opinion posted April 13 (John P. Carroll and Mary Carroll v. CBS Corp., et al., No. 190262/12, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1131).

Mealey's PI/Product Liability - Toyota Seeks Dismissal Of Sudden Acceleration Suit In New York Federal Court

WHITE PLAINS, N.Y. - A plaintiff who lost an unintended acceleration suit in 2011 should not be allowed a "do over" by asserting a different product defect theory in a new complaint stemming from the same accident, Toyota Motor Sales USA Inc. argues in a motion to dismiss April 10 (Amir Sitafalwalla v. Toyota Motor Sales USA Inc., et al., No. 15-807, E.D. N.Y.).

Mealey's Insurance - New York Federal Judge Orders Insurer To Pay Almost $9M In Attorney Fees

NEW YORK - A New York federal judge on April 14 adopted a federal magistrate's recommendation that an insurer pay its insureds almost $9 million for attorney fees incurred as a result of the insurer's breach of its duty to defend the insureds against underlying asbestos and silica claims (Danaher Corp. v. Travelers Indemnity Co., et al., No. 10-0121, S.D. N.Y.; 2015 U.S. Dist. LEXIS 48769).

Mealey's Toxic Tort/Environmental - New York Justice Finds Evidence Regarding Pumps Aboard Navy Ships Insufficient

NEW YORK - Evidence that all Iowa-class ships contained a company's products in 1982 is not sufficient to establish a man's exposure to asbestos in the 1940s, a New York justice held in an opinion posted April 13 (John Pendolino and Nancy Pendolino v. Air & Liquid Systems Corp., et al., No. 190320/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1130).

Mealey's Litigation Procedure - Report: Halliburton Had Little Effect On Securities Class Actions In 2014

NEW YORK - The U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund (134 S. Ct. 2398 [2014]) had little effect on securities class action litigation in 2014 "in terms of number and types of cases being filed," according to a report released on April 10 by PricewaterhouseCoopers LLP.

Mealey's PI/Product Liability - N.Y. Justice Rejects $11M Verdict In Asbestos Case Involving Ford Friction Parts

NEW YORK - A New York justice on April 13 rejected expert causation testimony and set aside an $11 million friction-products asbestos verdict against Ford Motor Co., finding the "every exposure" theory incompatible with science and state law (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water Products Co., et al., No. 190315/12, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - N.Y. Justice Rejects $11M Verdict In Asbestos Case Involving Ford Friction Parts

NEW YORK - A New York justice on April 13 rejected expert causation testimony and set aside an $11 million friction-products asbestos verdict against Ford Motor Co., finding the "every exposure" theory incompatible with science and state law (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water Products Co., et al., No. 190315/12, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - N.Y. Justice Rejects $11M Verdict In Asbestos Case Involving Ford Friction Parts

NEW YORK - A New York justice on April 13 rejected expert causation testimony and set aside an $11 million friction-products asbestos verdict against Ford Motor Co., finding the "every exposure" theory incompatible with science and state law (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water Products Co., et al., No. 190315/12, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Avandia MDL Judge Says Heart Injury Claims Barred By Statutes Of Limitations

PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on April 10 said claims that a patient's heart injuries were caused by the diabetes drug are barred by the applicable New York statutes of limitations (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 1871, No. 07-md-1871, Yheison Bautista, et al. v. GlaxoSmithKline LLC, No. 13-5125, E.D. Pa.; 2015 U.S. Dist. LEXIS 47934).

Mealey's Toxic Tort/Environmental - N.Y. Justice Rejects $11M Verdict In Asbestos Case Involving Ford Friction Parts

NEW YORK - A New York justice on April 13 rejected expert causation testimony and set aside an $11 million friction-products asbestos verdict against Ford Motor Co., finding the "every exposure" theory incompatible with science and state law (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water Products Co., et al., No. 190315/12, N.Y. Sup., New York Co.).

Mealey's Securities/D&O Liability - Report: Halliburton Had Little Effect On Securities Class Actions In 2014

NEW YORK - The U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund (134 S. Ct. 2398 [2014]) had little effect on securities class action litigation in 2014 "in terms of number and types of cases being filed," according to a report released on April 10 by PricewaterhouseCoopers LLP.

Mealey's Litigation Procedure - Reinsurer Objects To Reinsured's Motion To Reconsider Discovery Order

SYRACUSE, N.Y. - A reinsurer told a federal court in New York on April 9 that the information at issue in its reinsured's motion for reconsideration of a discovery order is needed to understand the reinsured's financial interest in the underlying dispute (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's IP/Tech - Both Parties' Daubert Motions Denied In Monitoring Software Patent Case

CENTRAL ISLIP. N.Y. - A New York federal judge on April 8 denied a series of motions to exclude expert testimony brought by both parties in a patent suit related to application performance monitoring (APM) software, finding that neither side sufficiently challenged the qualifications or methodologies of its opponent's experts (CA Inc. v. AppDynamics Inc., No. 2:13-cv-02111, E.D. N.Y.; 2015 U.S. Dist. LEXIS 45901).

Mealey's PI/Product Liability - Judge Criticizes Conduct In Case Against Sheldon Silver, But Allows Case To Proceed

NEW YORK - Former New York Speaker Sheldon Silver lost his bid to have the government's fraud and conspiracy case against him dismissed April 10, but the federal judge criticized the prosecutor's "brinkmanship," saying it strayed so close to the edge of ethical rules that it risked falling over the edge into prejudice (United States of America v. Sheldon Silver, No. 15-93, S.D. N.Y.; 2015 U.S. Dist. LEXIS 47194).

Mealey's Insurance - Reinsurer Objects To Reinsured's Motion To Reconsider Discovery Order

SYRACUSE, N.Y. - A reinsurer told a federal court in New York on April 9 that the information at issue in its reinsured's motion for reconsideration of a discovery order is needed to understand the reinsured's financial interest in the underlying dispute (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's Toxic Tort/Environmental - Judge Criticizes Conduct In Case Against Sheldon Silver, But Allows Case To Proceed

NEW YORK - Former New York Speaker Sheldon Silver lost his bid to have the government's fraud and conspiracy case against him dismissed April 10, but the federal judge criticized the prosecutor's "brinkmanship," saying it strayed so close to the edge of ethical rules that it risked falling over the edge into prejudice (United States of America v. Sheldon Silver, No. 15-93, S.D. N.Y.; 2015 U.S. Dist. LEXIS 47194).

Mealey's Litigation Procedure - Both Parties' Daubert Motions Denied In Monitoring Software Patent Case

CENTRAL ISLIP. N.Y. - A New York federal judge on April 8 denied a series of motions to exclude expert testimony brought by both parties in a patent suit related to application performance monitoring (APM) software, finding that neither side sufficiently challenged the qualifications or methodologies of its opponent's experts (CA Inc. v. AppDynamics Inc., No. 2:13-cv-02111, E.D. N.Y.; 2015 U.S. Dist. LEXIS 45901).

Mealey's Insurance - Transactions Are Hybrid Malpractice Claims, Coverage Barred, New York Panel Rules

NEW YORK - A New York appeals panel on April 7 found that a lawyers professional liability insurance policy's "insured's status" and "business enterprise" exclusions bar coverage for certain transactions between the attorney insureds and their client because the transactions were hybrid malpractice claims that arose from the legal services that the attorneys provided her but also from one attorney's status or activity for his company (Lee & Amtzis LLP, et al. v. American Guarantee and Liability Insurance Co., et al., No. 653050/11, 13711, N.Y. Sup., App. Div.; 1st Dept.; 2015 N.Y. App. Div. LEXIS 2880).

Mealey's IP/Tech - Federal Circuit Partly Affirms, Party Reverses Patent Royalty Damages

WASHINGTON, D.C. - A portion of a New York federal judge's $76 million award was reversed and remanded for recalculation on April 7 by the Federal Circuit U.S. Court of Appeals (Astrazeneca AB v. Apotex Corp., No. 14-1221, Fed. Cir.).