LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Judge Dismisses Lead Poisoning Claim For Lack Of Subject Matter Jurisdiction

BROOKLYN, N.Y. - A federal judge in New York on Oct. 15 dismissed a lead-paint poisoning lawsuit without prejudice on grounds that the plaintiffs failed to demonstrate that federal subject matter jurisdiction applied (Ruden Ellis, et al. v. Sabeini Mitivach Associates, No. 14-4441, E.D. N.Y.; 2014 U.S. Dist. LEXIS 146792).

Mealey's PI/Product Liability - California DA Asks GM MDL Judge To Remand Suit To State Court

NEW YORK - A suit brought on behalf of California owners of vehicles manufactured by General Motors LLC (New GM) should be remanded to California state court, Orange County, Calif., District Attorney Tony Rackauckas argues in a memorandum filed Oct. 14 in the U.S. District Court for the Southern District of New York, site of the General Motors ignition switch multidistrict litigation (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, People of the State of California v. General Motors LLC, No. 1:14-cv-07787-JMF, S.D. N.Y.).

Mealey's Insurance - Insurer Seeks Reconsideration Of Ruling In Dispute Over $1.2M Employee Theft

ALBANY, N.Y. - An insurer on Oct. 14 asked a New York federal court to reconsider its summary judgment ruling last month 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. 3:11-CV-1127 [LEK/DEP], N.D. N.Y.; 2014 U.S. Dist. LEXIS 138042).

Mealey's Litigation Procedure - Judge Rejects Motion To Vacate Ruling In Securities Class Action Lawsuit

NEW YORK - A federal judge in New York on Oct. 13 rejected lead plaintiffs' motion in a securities class action lawsuit to vacate a previous ruling based on their finding of new evidence, finding that the lead plaintiffs failed to bring the evidence at the time of the defendants' motion for reconsideration (In re SAIC Inc. Securities Litigation, No. 12-1353, S.D. N.Y.; 2014 U.S. Dist. LEXIS 13629).

Mealey's IP/Tech - California Federal Judge Transfers Copyright Case To New York Federal Court

SAN FRANCISCO - Allegations that MasterCard International Inc. and Virtuoso Ltd. infringed several copyrighted photographs should proceed in the U.S. District Court for the Southern District of New York, a federal judge in California concluded Oct. 10 (The Wave Studio LLC v. MasterCard International Inc., et al., No. 14-1342, N.D. Calif.; 2014 U.S. Dist. LEXIS 145864).

Mealey's Securities/D&O Liability - Judge Rejects Motion To Vacate Ruling In Securities Class Action Lawsuit

NEW YORK - A federal judge in New York on Oct. 13 rejected lead plaintiffs' motion in a securities class action lawsuit to vacate a previous ruling based on their finding of new evidence, finding that the lead plaintiffs failed to bring the evidence at the time of the defendants' motion for reconsideration (In re SAIC Inc. Securities Litigation, No. 12-1353, S.D. N.Y.; 2014 U.S. Dist. LEXIS 13629).

Mealey's Toxic Tort/Environmental - Business Group: 2nd Circuit 'Must Punish' Fraud On Court In Lago Agrio Litigation

NEW YORK - The U.S. Chamber of Commerce on Oct. 8 filed an amicus brief in the Second Circuit U.S. Court of Appeals contending that it "must punish" the "massive fraud" committed by the attorney who won a $18.5 billion judgment for Ecuadorian nationals against Chevron Corp. related to contamination from the company's oil operations in the Lago Agrio region of Ecuador (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).

Mealey's Litigation Procedure - Judge Denies Interlocutory Appeal In Securities Class Action Lawsuit

NEW YORK - Defendants in a securities class action have failed to show that interlocutory appeal is appropriate because, among other things, they have not shown that any controlling question of law exists, a federal judge in New York ruled Oct. 7 (In re Goldman Sachs Group Inc. Securities Litigation, No. 10-3461, S.D. N.Y.; 2014 U.S. Dist. LEXIS 143127).

Mealey's Securities/D&O Liability - Judge Denies Interlocutory Appeal In Securities Class Action Lawsuit

NEW YORK - Defendants in a securities class action have failed to show that interlocutory appeal is appropriate because, among other things, they have not shown that any controlling question of law exists, a federal judge in New York ruled Oct. 7 (In re Goldman Sachs Group Inc. Securities Litigation, No. 10-3461, S.D. N.Y.; 2014 U.S. Dist. LEXIS 143127).

Mealey's IP/Tech - 2nd Circuit Says Trademark Damages Limited By Contract

NEW YORK - A limitation-of-liability clause in a former contract between a trademark and unjust enrichment plaintiff and defendant should have limited any post-termination damages, the Second Circuit U.S. Court of Appeals ruled Oct. 8 (My Play City Inc. v. Conduit Ltd., Nos. 13-2012, -2279, 2nd Cir.).

Mealey's Labor & Employment - 2nd Circuit: All But 1 Police Official Entitled To Qualified Immunity

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 6 granted qualified immunity to four of five police supervisors named as defendants in a discrimination suit filed by three police officers (Jennifer Raspardo, et al. v. John Carlone, et al., Nos. 12-1686 and 12-1870, 2nd Cir.; 2014 U.S. App. LEXIS 19010).

Mealey's Litigation Procedure - Federal Judge Refuses To Confirm ICC Award For Brazilian Airline

NEW YORK - After finding that a company did not sign a part of a share purchase and sale agreement that required arbitration of all disputes before the International Court of Arbitration of the International Chamber of Commerce (ICC), a New York federal judge on Oct. 2 refused to confirm a Brazilian airline's petition to confirm an arbitration award issued in its favor (VRG Linhas Aereas S.A. v. Matlinpatterson Global Opportunities Partners II L.P., et al., No. 11 Civ. 0198, S.D. N.Y.; 2014 U.S. Dist. LEXIS 141036).

Mealey's Insurance - Judge Finds Policy Void Based On Inflated Purchase Price Of Boat

GALVESTON, Texas - A federal appeals court judge sitting by designation over an insurance dispute in the U.S. District Court for the Western District of Texas on Oct. 6 ruled that a man's misrepresentation on an insurance policy application about the purchase price of a boat that was destroyed by a fire voided the policy because New York law applied to the contract (Marine Insurance Company Ltd. v. Joel Cron, et al., No. 13-CV-00437, S.D. Texas; 2014 U.S. Dist. LEXIS 141704).

Mealey's Bankruptcy - Judge Dismisses Insolvent Reinsurer's Claims Against Reinsured And Others

NEW YORK - A federal judge in New York on Sept. 30 granted a motion to dismiss breach of contract and other claims brought by an insolvent reinsurer against an insurer and the issuers of an allegedly falsified storm weather loss report (Mariah Re Ltd. [In Liquidation], acting by and through Geoffrey Varga and Jess Shakespeare, in their capacities as Liquidators thereof v. American Family Mutual Insurance Company, et al., No. 13-cv-04657, S.D. N.Y.).

Mealey's Insurance - Federal Judge: Broker Liable For $23M In Suit Arising From Superstorm Sandy Damage

NEW YORK - An insurance broker is liable for $20 million plus $3,205,479.45 in prejudgment interest in a Superstorm Sandy coverage dispute, a New York federal judge said Oct. 1 in entering final judgment that dismissed the claims against the insurer (Cammeby's Management Co., et al. v- Affiliated FM Insurance Co., et al., No. 13 Civ. 2814 [JSR], S.D. N.Y.).

Mealey's PI/Product Liability - New York Appeals Court Upholds Dismissal Of Suit Over Faulty Foundation

BROOKLYN, N.Y. - A New York appellate panel on Oct. 1 affirmed rulings by a trial court justice granting an unopposed motion to dismiss a lawsuit over the allegedly faulty construction of a modular home foundation and refusing to vacate the decision, holding that the plaintiffs were unable to provide a reasonable excuse as to why briefs that could have prevented entry of the rulings were not submitted in a timely fashion (John Starakis, et al. v. Edward Baker, et al., Nos. 2014-00807, 2014-00810, N.Y. Sup., App. Div., 2nd Dept.; 2014 N.Y. App. Div. LEXIS 6533).

Mealey's Insurance - Judge Dismisses Insolvent Reinsurer's Claims Against Reinsured And Others

NEW YORK - A federal judge in New York on Sept. 30 granted a motion to dismiss breach of contract and other claims brought by an insolvent reinsurer against an insurer and the issuers of an allegedly falsified storm weather loss report (Mariah Re Ltd. [In Liquidation], acting by and through Geoffrey Varga and Jess Shakespeare, in their capacities as Liquidators thereof v. American Family Mutual Insurance Company, et al., No. 13-cv-04657, S.D. N.Y.).

Mealey's PI/Product Liability - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of Appeals (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., No. 2014-00209, N.Y. App.).

Mealey's Toxic Tort/Environmental - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of Appeals (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., No. 2014-00209, N.Y. App.).

Mealey's Toxic Tort/Environmental - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Magistrate Finds Agency Properly Withheld Documents In FOIA Request Response

NEW YORK - An attorney claiming nonresponsiveness under the Freedom of Information Act (FOIA) by the U.S. Citizenship and Immigration Services (CIS) failed to establish any bad faith or violations by the agency, a New York federal judge held Sept. 26, declining to conduct an in camera review of withheld documents and granting the agency's motion for summary judgment (John Assadi Esq. v. United States Citizenship and Immigration Services, No. 1:12-cv-01374, S.D. N.Y.; 2014 U.S. Dist. LEXIS 137074).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Mortgage Foreclosure Case; UCL Claim Not Supported

SAN JOSE, Calif. - In an unpublished opinion, a federal judge in California on Sept. 25 dismissed claims against two financial institutions in a mortgage foreclosure suit, saying that because the plaintiffs' other claims failed, they could not support a claim for violation of the state's unfair competition law (UCL) (Merilyn Fulinara, et al. v. Bank of New York Mellon, et al., No. 13-3963, N.D. Calif.; 2014 U.S. Dist. LEXIS 136012).

Mealey's PI/Product Liability - Novartis Kickback Lawsuit Largely Survives Dismissal

NEW YORK - A New York federal judge on Sept. 30 largely denied a motion by Novartis Pharmaceuticals Corp. to dismiss a False Claims/Anti-Kickback lawsuit in which a whistle-blower, the federal government and New York State allege that the drug maker paid kickbacks to doctors to prescribe the Valturna hypertension drug (United States of America, et al. ex rel. Oswald Bilotta v. Novartis Pharmaceuticals Corporation, No. 11-71, S.D. N.Y.).