NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 18 affirmed a lower federal court's ruling that a public entity management liability protection (PEMLP) policy's insured vs. insured exclusion bars coverage for an underlying municipal taxpayer lawsuit against the former chief administrative officer of the City of Burlington, Vt. (St. Paul Guardian Insurance Co., et al. v. Jonathan Leopold, No. 14-4519, 2nd Cir.).
NEW YORK - A captive insurer argued in a federal court in New York on Nov. 16 that its reinsurer should be compelled to arbitrate a Hurricane Sandy-related reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 16 affirmed a district court's decision to dismiss claims for breach of contract filed by a trust in relation to breaches of representations and warranties, finding that the case was barred by a six-year statute of limitations (Deutsche Bank National Trust Company, solely as trustee of the GSR Mortgage Loan Trust 2007-OA1 v. Quicken Loans Inc., No. 14-3373, 2nd Cir.; 2015 U.S. App. LEXIS 19874).
NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Nov. 13 affirmed denial of a Racketeer Influenced and Corrupt Organizations Act class certification by three third-party payers against drug maker Sanofi-Aventis U.S. Inc. for the alleged fraudulent inducement of doctors to prescribe the antibiotic Ketek (Sergeants Benevolent Association Health and Welfare Fund, et al. v. Sanofi-Aventis U.S., Inc., No. 14-2318, 2nd Cir.; 2015 U.S. App. LEXIS 19797).
NEW YORK - A federal judge in New York on Nov. 12 appointed a pension fund as lead plaintiff in a securities class action lawsuit, ruling that the pension fund suffered the largest financial losses of those seeking appointment as lead plaintiff and because it has met all other statutory requirements (International Union of Operating Engineers Local No. 478 Pension Fund v. FXCM Inc., et al., No. 15-3599, S.D. N.Y.; 2015 U.S. Dist. LEXIS 153202).
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 12 partially reinstated electricians' age discrimination claims against their union, finding that the trial court erred when it held that a union official's expressions of resentment against the plaintiffs for their administrative claims against the union could not show retaliatory intent (Aeyiou P. Kazolias, et al. v. IBEW LU 363, et al., No. 13-4566, 2nd Cir.; 2015 U.S. App. LEXIS 19729).
NEW YORK - A request by an asbestos personal injury attorney to impose sanctions against two attorneys representing an asbestos trust that filed a declaratory judgment action against him should be rejected and the trust should be awarded attorney fees because the request "amounts to a procedurally improper exercise in vituperation, made without legal or factual support," the trust says in a Nov. 12 opposition brief filed in New York federal bankruptcy court (In re Johns-Manville Corporation, et al., No. 82-11656 [Manville Personal Injury Settlement Trust v. Michael J. Mandelbrot and The Mandelbrot Law Firm, No. 15-01296], S.D. N.Y. Bkcy.).
NEW YORK - Without providing further detail, an investor filed a notice of appeal on Nov. 9 in New York federal court, seeking to appeal two rulings in a securities class action lawsuit against numerous international banks and others for their alleged manipulation of the Euroyen Tokyo Interbank Offered Rate (TIBOR) and Euroyen London Interbank Offered Rate (LIBOR) (California State Teachers Retirement System v. Mizuho Bank Ltd., et al., No. 12-3419, S.D. N.Y.).
NEW YORK - A New York federal judge on Nov. 9 denied a motion for class certification filed in a lawsuit accusing a medical records retrieval company of charging excessive fees in violation of state laws but noted that he would be open to certifying a narrower class (Tatyana Ruzhinskaya, et al. v. HealthPort Technologies, LLC, No. 14-2921, S.D. N.Y.; 2015 U.S. Dist. LEXIS 151816).
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NEW YORK - A group of London-based retrocessional reinsurers said in a federal court in New York on Nov. 6 that their retrocessional reinsured's arguments questioning the qualifications of certain arbitration umpire candidates have already been rejected by the court in an earlier decision (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).
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 Nov. 9 ruled that with regard to the lawsuit against the company pertaining to defective ignition switches, punitive damages may be sought against New GM only to the extent that they are based on New GM's knowledge and conduct (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
BROOKLYN, N.Y. - A New Jersey man convicted for threatening three federal judges in his blog entries saw his bid to vacate the conviction denied by a New York federal judge on Nov. 10, with the judge finding the "mental state" standard of Elonis v. United States (135 S.Ct. 2001, 192 L.Ed.2d 1 ) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).
NEW YORK - A federal judge in New York on Nov. 9 granted Allstate Insurance Co.'s motion for default judgment seeking $1.3 million in monetary damages from the last two defendants in a lawsuit over a fraudulent billing scheme, ruling that the defendants failed to challenge the sufficiency of the allegations (Allstate Insurance Company v. Winston Tapper, M.D., et al., No. 14-cv-5410, E.D. N.Y.; 2015 U.S. Dist. LEXIS 151803).
SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Nov. 4 that there are documents it recently learned about that it wishes to compel production of that were allegedly wrongfully withheld by its reinsured (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
NEW YORK - Parties to a retrocessional reinsurance dispute between a domestic reinsurer and a London market reinsurer presented arbitration umpire candidates to a federal court in New York on Nov. 3 (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).
MIAMI - An insurer owes no coverage for costs to replace undamaged components on floors and undamaged carpeting of a condominium building that suffered water damage from a broken valve, a Florida federal judge ruled Nov. 5, granting in part summary judgment to the insurer (Great American Insurance Company of New York v. The Towers of Quayside No. 4 Condominium Association, No. 15-20056, S.D. Fla.; 2015 U.S. Dist. LEXIS 150358).
SYRACUSE, N.Y. - An insurer told a federal court in New York on Nov. 2 that the follow the fortunes doctrine mandates that its asbestos-related reinsurance billings should be honored and that it should be granted summary judgment against its reinsurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-00700, N.D. N.Y.).
SYRACUSE, N.Y. - An insurer asked a federal court in New York on Nov. 2 to order its reinsurer to pay it $5,716,847.18 that the insurer says the reinsurer has wrongfully withheld (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-00699, N.D. N.Y.).
BROOKLYN, N.Y. - The same day that a New York federal judge directed the U.S. government to explain its continued need to have a criminal defendant's smartphone unlocked by Apple Inc. in light of his recent guilty plea, the U.S. Department of Justice on Oct. 30 filed a letter stating that the "matter remains ongoing until sentencing and judgment is entered in the" underlying case and, thus, its quest for potential evidence on the phone is not moot (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).
NEW YORK - Two downloads by a single user of a free copy of a copyrighted book are insufficient to sustain an action for copyright infringement against BarnesandNoble.com LLC, a New York federal judge ruled Nov. 2 (Cheryl Smith v. BarnesandNoble.com LLC, No. 12-4374, S.D. N.Y.).
NEW YORK - A New York appeals panel on Oct. 29 affirmed a lower court, holding that evidence on the reasonableness of a group of reinsureds' allocation of a settlement amount to asbestos-insurance claims is contrary to an earlier appeals court decision (United States Fidelity & Guaranty Company, et al. v. American Re-Insurance Company, et al., No. 604517/02, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 7979).