LexisNexis® Legal Newsroom
Mealey's Bankruptcy - New York Justice Allows Subpoena Of Mealey's Author Over Asbestos Commentary

NEW YORK - Saying that the defendants' reliance on a commentary demonstrates its relevance, a New York justice on Jan. 12 declined to quash the deposition of the author (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 Allows Subpoena Of Mealey's Author Over Asbestos Commentary

NEW YORK - Saying that the defendants' reliance on a commentary demonstrates its relevance, a New York justice on Jan. 12 declined to quash the deposition of the author (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - 2nd Circuit: Storage Of Hazardous Waste Is A Continuing Offense

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 11 overruled a defendant company's argument that the federal government's claim against it under the Resource Conservation and Recovery Act (RCRA) was untimely, holding that the storage of hazardous waste constitutes a continuing offense (United States of America v. Tonawanda Coke Corp., No. 14-1091-cr, 2nd Cir.; 2016 U.S. Dist. LEXIS 332).

Mealey's Toxic Tort/Environmental - N.Y. Justice Allows Subpoena Of Mealey's Commentator Over Asbestos Article

NEW YORK - Saying that the defendants' reliance on a commentary demonstrates its relevance, a New York justice on Jan. 12 declined to quash the deposition of the author (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's IP/Tech - Starbucks Wins Dismissal Of New York Copyright Litigation

NEW YORK - Allegations of copyright infringement against Starbucks Corp. and a co-defendant in connection with an advertising campaign for Starbucks' "Frappuccino" product were dismissed by a New York federal judge on Jan. 12 (Maya Hayuk v. Starbucks Corporation, et al., No. 15-4887, S.D. N.Y.; 2016 U.S. Dist. LEXIS 3493).

Mealey's Securities/D&O Liability - Report: Number Of SEC Enforcement Action Filings Climbed In FY 2015

BOSTON - More than 800 Securities and Exchange Commission enforcement actions were filed in fiscal year (FY) 2015, up from 681 in FY 2010, according to a report jointly issued Jan. 12 by economic and financial consulting firm Cornerstone Research and the New York University Pollack Center for Law and Business.

Mealey's Litigation Procedure - U.S. Supreme Court Won't Review Mortgage-Backed Securities Lawsuit Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 11 declined to review a Second Circuit U.S. Court of Appeals' reversal of a federal district court ruling in a securities class action lawsuit against Bank of New York Mellon (BNYM) regarding its sale of certain residential mortgage-backed securities in violation of federal statute (Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago, et al. v. the Bank of New York Mellon, at trustee under various pooling and servicing agreements, No. 15-314, U.S. Sup.).

Mealey's IP/Tech - New York Federal Judge Denies Restraining Order In False Advertising Case

UTICA, N.Y. - A Lanham Act dispute between yogurt makers will proceed without a temporary restraining order (TRO) in place, thanks to a Jan. 11 ruling by a New York federal judge (Chobani LLC v. The Dannon Company Inc., No. 16-30, N.D. N.Y.; 2016 U.S. Dist. LEXIS 2793).

Mealey's Insurance - Judge: Insurance Agent Improperly Joined In Bad Faith Lawsuit

JACKSON, Miss. - A federal judge in Mississippi denied a third party's motion to remand an insurance bad faith lawsuit to state court on Jan. 7, ruling that remand is not proper because the third party improperly joined an insurance agent in the action (Michael F. Macke, et al. v. American General Life Insurance Co., formerly d/b/a The Old Line Life Insurance Co. of New York, et al., No. 15-853, S.D. Miss.; 2016 U.S. Dist. LEXIS 1707).

Mealey's Securities/D&O Liability - U.S. Supreme Court Won't Review Mortgage-Backed Securities Lawsuit Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 11 declined to review a Second Circuit U.S. Court of Appeals' reversal of a federal district court ruling in a securities class action lawsuit against Bank of New York Mellon (BNYM) regarding its sale of certain residential mortgage-backed securities in violation of federal statute (Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago, et al. v. the Bank of New York Mellon, at trustee under various pooling and servicing agreements, No. 15-314, U.S. Sup.).

Mealey's PI/Product Liability - N.Y. Justice: Jones Act Release Can't Bar Subsequent Mesothelioma Action

NEW YORK - Federal Employers Liability Act precedent requires finding that a man's release of a "laundry list" of potential claims does not bar a widow's subsequent mesothelioma action, a New York justice held in an opinion posted Jan. 8 (In re New York City Asbestos Litigation, Ann M. South, et al. v. Chevron Corp., individually and as successor by merger to Texaco Inc., et al., No. 190029/2015, N.Y. Sup., New York Co.; 2016 N.Y. Misc. LEXIS 23).

Mealey's Litigation Procedure - Investors Failed To Plead Scienter, Loss Causation In Securities Class Action

NEW YORK - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New York ruled Jan. 6, because the shareholders failed to properly plead any material misrepresentations, scienter or loss causation in making their federal securities law claims (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 1664).

Mealey's Insurance - Limitations Provision Is Ambiguous, Does Not Bar Living Expenses Claim

NEW YORK - A policy's two-year limitations provision is ambiguous and cannot be applied to bar an insured's claim for additional living expenses arising out of water damage to his apartment, a New York federal magistrate judge said Jan. 7 in denying the insurer's motion to dismiss (Steven Hirth v. The American Insurance Co., No. 15-3245, S.D. N.Y.; 2016 U.S. Dist. LEXIS 1793).

Mealey's Toxic Tort/Environmental - N.Y. Justice: Jones Act Release Can't Bar Subsequent Mesothelioma Action

NEW YORK - Federal Employers Liability Act precedent requires finding that a man's release of a "laundry list" of potential claims does not bar a widow's subsequent mesothelioma action, a New York justice held in an opinion posted Jan. 8 (In re New York City Asbestos Litigation, Ann M. South, et al. v. Chevron Corp., individually and as successor by merger to Texaco Inc., et al., No. 190029/2015, N.Y. Sup., New York Co.; 2016 N.Y. Misc. LEXIS 23).

Mealey's Securities/D&O Liability - Investors Failed To Plead Scienter, Loss Causation In Securities Class Action

NEW YORK - Dismissal of a shareholder class action lawsuit is proper, a federal judge in New York ruled Jan. 6, because the shareholders failed to properly plead any material misrepresentations, scienter or loss causation in making their federal securities law claims (In re Sanofi Securities Litigation, No. 14-9624, S.D. N.Y.; 2016 U.S. Dist. LEXIS 1664).

Mealey's Securities/D&O Liability - Judge Issues Restraining Order On Shkreli's E*Trade Brokerage Account

BROOKLYN, N.Y. - The federal judge in New York overseeing the criminal case against alleged Ponzi scheme operator Martin Shkreli on Jan. 7 issued a restraining order preventing Shkreli or any of his associates from using the funds of a $45 million E*Trade individual brokerage account (United States of America v. Martin Shkreli, No. 15-637, E.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Affirms Summary Judgment In Lanham Act Dispute

NEW YORK - Allegations that McGraw-Hill Cos. Inc. committed false advertising by making misleading comparisons between the quantity of construction project data offered by itself and a plaintiff were properly rejected on summary judgment, the Second Circuit U.S. Court of Appeals ruled Jan. 8 (Reed Construction Data Inc. v. McGraw-Hill Companies Inc., No. 14-4022, 2nd Cir.; 2016 U.S. App. LEXIS 111).

Mealey's Securities/D&O Liability - Panel: Shareholders Failed To Plead Caremark Claim In Madoff Suit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Jan. 6 affirmed a federal district court's ruling in a shareholder derivative lawsuit, ruling that shareholders have failed to plead their claim under In re Caremark Int'l Inc. Derivative Litigation as required pursuant to Delaware law (Central Laborers Pension Fund, et al. v. James Dimon, et al., No. 14-4516, 2nd Cir.; 2016 U.S. App. LEXIS 48).

Mealey's Securities/D&O Liability - Shareholder Sues Company, Others Over Misstatements In SEC Documents

NEW YORK - A shareholder filed a securities class action lawsuit in New York federal court on Jan. 4, arguing that certain officers and directors of a company misrepresented the company's financial condition in shareholder documents in violation of federal securities laws (Majed Soueidan v. Breeze-Eastern Corp., et al., No. 16-15, S.D. N.Y.).

Mealey's Insurance - Justice Asks For Input Into Appointment Of Claims Dispute Referee

NEW YORK - A New York justice on Jan. 4 issued an order to show cause asking for input regarding the appointment of a referee to hear claim disputes in the liquidation proceeding of an insolvent insurer (In the Matter of the Liquidation of Drivers Insurance Company, No. 452965/15, N.Y. Sup., New York Co.).

Mealey's IP/Tech - 2nd Circuit Vacates, Remands Standing Holding In Lanham Act Dispute

NEW YORK - A U.S. court cannot invalidate an action of a foreign sovereign with regard to a transfer of rights on grounds that the transfer would be invalid under the law of the foreign sovereign, the Second Circuit U.S. Court of Appeals ruled Jan. 5, vacating a New York federal judge's dismissal of Lanham Act claims for lack of standing (Fed. Treasury Enterprise Sojuzplodoimport v. Spirits International B.V. f/k/a Spirits International N.V., et al., Nos. 14-4721, 15-152, 2nd Cir.; 2016 U.S. App. LEXIS 40).

Mealey's PI/Product Liability - Summary Judgment Denied For GM In Defective Ignition Switch Suit

NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on Dec. 30 denied the automaker's motion for summary judgment in a bellwether case involving a crash allegedly caused by a broken ignition switch, making trial the next step for the automaker (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, S.D. N.Y.)

Mealey's Banking & Finance - 2nd Circuit Reverses Decision That FDCPA Claim Must Be Heard By Bankruptcy Court

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 31 reversed a trial court's decision to dismiss a borrower's claim for violation of the Fair Debt Collection Practices Act (FDCPA), finding that it erred in ordering that her claims must be heard by a bankruptcy court (Donna Garfield v. Ocwen Loan Servicing LLC, No. 15-527, 2nd Cir.; 2016 U.S. App. LEXIS 3).

Mealey's Litigation Procedure - Judge Requires Privilege Log Of Patent Board Proceedings In Infringement Suit

BUFFALO, N.Y. - The defendant in a patent infringement suit over aseptic food packaging methods must provide a privilege log of purportedly privileged material in a related proceeding before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (PTO), a New York federal judge ruled Dec. 28, denying in part the defendant's motion for a protective order (Steuben Foods Inc. v. GEA Process Engineering Inc., et al., No. 1:12-cv-00904, W.D. N.Y.; 2015 U.S. Dist. LEXIS 172145).

Mealey's Litigation Procedure - New York Federal Judge Tosses Data Breach Class Suit Against Michael Stores

CENTRAL ISLIP, N.Y. - A New York federal judge on Dec. 28 granted a motion to dismiss a class complaint filed against a crafts store chain after the retailer announced in January 2014 that customers' credit and debit card numbers had been stolen from its system (Mary Jane Whalen, et al. v. Michael Stores Inc., No. 14-7006, E.D. N.Y.; 2015 U.S. Dist. LEXIS 172152).