LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - New York Jury Hearing Asbestos-Tainted Talc Case Awards $7 Million

NEW YORK - A New York jury awarded a woman's estate $7 million on Nov. 24 for asbestos exposure from consumer talcum powder. It is believed to be the state's first such verdict, sources told Mealey's Publications (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Federal Judge Confirms $765,436 Award Issued For Singapore Companies

NEW YORK - A New York federal judge on Nov. 18 granted a Singapore group of company's request to confirm a $765,436.98 arbitral award that was issued in its favor and against a Delaware company in relation to breach of a charter party (Navig8 Chemicals Asia Pte., Ltd., et al. v. Crest Energy Partners LP, No. 15 Civ. 7639, S.D. N.Y.; 2015 U.S. Dist. LEXIS 155820).

Mealey's PI/Product Liability - New York Appeals Panel Reverses Ruling For Third-Party Defendants In Injury Suit

NEW YORK - A New York appeals panel on Nov. 17 reversed a New York County Supreme Court ruling that tossed a real estate agent and her agency as third-party defendants in an injury suit, finding that the third parties failed to demonstrate that there were no triable issues of fact (Barbara Stimmel, et al. v. Julianne Osherow, et al., No. 15781, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 8450).

Mealey's Litigation Procedure - Panel: No Error In Barring Testimony On Use Of 'Blind Mules' In Drug Trafficking

NEW YORK - A trial court did not err in excluding expert testimony addressing drug traffickers' use of "blind mules," the Second Circuit U.S. Court of Appeals ruled Nov. 17, affirming the conviction on drug trafficking charges against a truck driver (United States of America v. Osborne Young, No. 14-1285, 2nd Cir.; 2015 U.S. App. LEXIS 19886).

Mealey's PI/Product Liability - New York Justice Wants More From Plaintiffs Subpoenaing Commentary Author

NEW YORK - The justice overseeing New York asbestos litigation issued an order to show cause Nov. 16 about why he should not quash a subpoena seeking to depose the author of a legal commentary published in Mealey's Asbestos Bankruptcy Report (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - New York Justice Wants More From Plaintiffs Subpoenaing Commentary Author

NEW YORK - The justice overseeing New York asbestos litigation issued an order to show cause Nov. 16 about why he should not quash a subpoena seeking to depose the author of a legal commentary published in Mealey's Asbestos Bankruptcy Report (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's Bankruptcy - New York Justice Wants More From Plaintiffs Subpoenaing Commentary Author

NEW YORK - The justice overseeing New York asbestos litigation issued an order to show cause Nov. 16 about why he should not quash a subpoena seeking to depose the author of a legal commentary published in Mealey's Asbestos Bankruptcy Report (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - An Expert Cannot Testify On Coca Cola's Plant Processes In Negligence Suit, Judge Says

WHITE PLAINS, N.Y. - A plaintiff's expert cannot testify on the processes at a plant for Coca Cola Refreshments USA Inc. and whether they were the negligent cause of a plaintiff swallowing a "brittle" object in one of its soda cans, a New York federal judge ruled Nov. 18 (Shawn W. Bickham v. Coca Cola Refreshments USA, Inc., No. 14-3341, S.D. N.Y.; 2015 U.S. Dist. LEXIS 156066).

Mealey's Toxic Tort/Environmental - New York Justice Wants More From Plaintiffs Subpoenaing Commentary Author

NEW YORK - The justice overseeing New York asbestos litigation issued an order to show cause Nov. 16 about why he should not quash a subpoena seeking to depose the author of a legal commentary published in Mealey's Asbestos Bankruptcy Report (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's Insurance - No Coverage For $16.9M Taxpayer Suit Against Former City Officer, 2nd Circuit Affirms

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.).

Mealey's Litigation Procedure - Insurer Says Hurricane Sandy Reinsurance Dispute Should Be Arbitrated In London

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.).

Mealey's Insurance - Insurer Says Hurricane Sandy Reinsurance Dispute Should Be Arbitrated In London

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.).

Mealey's Banking & Finance - 2nd Circuit Finds Trust's Breach Of Contract Claims Are Time-Barred

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).

Mealey's PI/Product Liability - 2nd Circuit Affirms Denial Of Ketek Antibiotic RICO Class Certification

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).

Mealey's Litigation Procedure - Judge Appoints Lead Plaintiff, Lead Counsel In Securities Class Action

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).

Mealey's Labor & Employment - Journeymen Electricians' Age Bias Claims Against Union Are Partially Reinstated

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).

Mealey's Bankruptcy - Johns-Manville Trust: Attorney's Bid For Sanctions Flawed, Unsound

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.).

Mealey's Securities/D&O Liability - Pension Fund Files Notice Of Appeal In TIBOR Securities Suit

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.).

Mealey's Litigation Procedure - Class Certification Denied In Lawsuit Alleging Excessive Fees For Medical Records

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).

Mealey's Litigation Procedure - Retrocessional Reinsurers Say Their Arbitration Umpire Candidates Are Qualified

NEW YORK -

Mealey's Bankruptcy - Punitive Damages Partially Allowed Against New GM In Ignition Switch Case

NEW YORK -

Mealey's Insurance - Retrocessional Reinsurers Say Their Arbitration Umpire Candidates Are Qualified

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.).

Mealey's Toxic Tort/Environmental - Punitive Damages Partially Allowed Against New GM In Ignition Switch Case

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.).

Mealey's IP/Tech - Judge Declines To Vacate Online Threats Conviction, Finds Elonis Distinguishable

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 [2015]) to be inapplicable in the present case (United States of America v. Harold Turner, No. 1:09-cv-00650, E.D. N.Y.).

Mealey's Insurance - Judge Grants Allstate's Request For $1.3M In Suit Over Fraudulent Billing

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).