NEW YORK - Two of the defendants in the methyl tertiary butyl ether (MTBE) groundwater contamination lawsuit brought by the Commonwealth of Puerto Rico against a group of gasoline companies on Oct. 15 filed a brief in New York federal court seeking reconsideration of a district court's ruling that the statute of limitations has not run on the commonwealth's claim (In re: Methyl Tertiary Butyl Ether [MTBE] Products Liability Litigation, MDL 1358, No. 00-1898, Commonwealth of Puerto Rico v. Shell Oil Co., et al., No. 07 Civ. 10470, S.D. N.Y.).
NEW YORK - Because there is no ambiguity in an insurance policy regarding the terms "underground storage tank" and "associated piping," an insurer is required to pay only the policy's $1 million sublimit of liability for underground storage tanks and associated piping, the Second Circuit U.S. Court of Appeals said Oct. 16 (Two Farms Inc. v. Greenwich Insurance Co., No. 12-50, S.D. N.Y.; 2015 U.S. App. LEXIS 17940).
NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 15 determined that a health benefits insurer did not wrongfully deny a claim for residential treatment because four physicians noted in the administrative record that residential treatment was not necessary (Neil Tansey, et al. v. Anthem Health Plans Inc., et al., No. 14-3931, 2nd Cir.; 2015 U.S. App. LEXIS 17889).
NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).
NEW YORK - A New York federal judge's decision to order a declaratory judgment defendant to pay a plaintiff accused of copyright infringement nearly $500,000 in attorney fees was reversed by the Second Circuit U.S. Court of Appeals on Oct. 16 (Effie Film LLC, et al. v. Gregory Murphy, No. 14-3367, 2nd Cir.; 2015 U.S. App. LEXIS 17937).
NEW YORK - A federal judge in New York on Oct. 14 consolidated two securities class action lawsuits and appointed lead plaintiff and lead counsel, ruling that the institutional investor chosen meets all statutory requirements for serving as lead plaintiff (Megan Villella v. Chemical & Mining Co. of Chile Inc., et al., No. 15-2106, S.D. N.Y.; 2015 U.S. Dist. LEXIS 140578).
ALBANY, N.Y. - A New York federal judge on Oct. 15 rejected an insurer's motion to reconsider its summary judgment ruling 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. 11-1127, N.D. N.Y.; 2015 U.S. Dist. LEXIS 140181).
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 Oct. 14 granted a stay in the case and ordered that a $10.6 million bond be posted to cover the prejudice suffered by members of the General Unsecured Claims (GUC) Trust due to the delay in distributions caused by the enforcement of the stay (In re: Motors Liquidation Company, et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).
NEW YORK - A New York appeals panel on Oct. 15 rejected a directors and officers liability insurer's reargument that a merger litigation and an adversary proceeding constitute one continuous claim, reaffirming that coverage for the adversary proceeding is not subject to a 2006-07 policy's insured versus insured (IVI) exclusion (American Casualty Company of Reading, P.A., et al. v. Morris Gelb, et al., No. 15335 653280/11, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 7590).
NEW YORK - In a case that it said "tests the boundaries of fair use," a Second Circuit U.S. Court of Appeals panel on Oct. 16 found that Google Inc.'s digital "Library Project" constituted fair use because it is transformative of the included copyrighted works and, therefore, is not infringing (The Authors Guild, et al. v. Google Inc., No. 13-4829, 2nd Cir.).
HARRISBURG, Pa. - A Pennsylvania federal judge on Oct. 13 denied an insurer's motion for reconsideration, determining that the addition to the record of a portion of the insurer's affidavit does not change the conclusion that Pennsylvania law, not New York law, governs the insured's lawsuit seeking coverage for underlying asbestos liabilities (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 138927).
NEW YORK - A federal district court did not err in dismissing an investment consultant's complaint against a website and its operator for alleged violations of federal securities laws because the investment consultant failed to properly plead reliance, a Second Circuit U.S. Court of Appeals panel ruled Oct. 9 (Joseph M. Salvani, et al. v. InvestorHub.com Inc., et al., No. 14-3994, 2nd Cir.; 2015 U.S. App. LEXIS 17734).
BUFFALO, N.Y. - A New York justice on Oct. 9 ordered a defunct mining operation to pay $5.6 million after it refused to appear at trial, sources told Mealey Publications (Joseph Muir v. Air & Liquid Systems Corp., et al., No. 809307/2014, N.Y. Sup., Erie Co.).
NEW YORK - In an Oct. 6 notice filed in the Second Circuit U.S. Court of Appeals, Microsoft Corp. says that a ruling that same day by the European Court of Justice (ECJ), which was critical of U.S. extraterritorial data acquisition via warrants, supports its quest to vacate a subpoena served on it by the U.S. government requiring search and disclosure of the emails from an Irish-based Microsoft data center (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., No. 14-2985, 2nd Cir.).
NEW YORK - Crane Co. has not successfully refuted evidence that it included asbestos with its valves or that it had a hand in or benefited from the use of asbestos-containing replacement parts, a New York justice held in an opinion posted Oct. 8 (Mark Ricci v. A.O. Smith Water Products Co., et al., No. 190224/14, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3620).
NEW YORK - A plaintiff's allegation of misconduct by her former attorneys in connection with an unsuccessful action for copyright infringement was rejected Oct. 7 by a New York federal judge (Carla B. Boone v. Codispoti & Associates PC, et al., No. 15-1391, S.D. N.Y.; 2015 U.S. Dist. LEXIS 137054).
NEW YORK - A New York federal judge on Oct. 6 granted a Korean global holding corporation's request for a turnover of stock certificates in a variety of wholly owned subsidiaries to satisfy a final arbitration award totaling $35 million in damages, but denied a request for discovery as premature (Daum Global Holdings Corp. v. Ybrant Digital Limited, et al., No. 13-03135, S.D. N.Y.; 2015 U.S. Dist. LEXIS 136835).
NEW YORK - An appellate ruling relieving a manufacturer of liability for a salvage worker's asbestos exposure does not bar a man's claim for exposure arising from disassembling a boiler, a New York justice held in an opinion posted Oct. 1 (Ernest G. Smith and Claudia Smith v. A.O. Smith Water Products, et al., No. 190299/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 3473).
NEW YORK - A New York justice on Oct. 2 issued an order to show cause asking why the liquidation of a health maintenance organization should not be terminated (In the Matter of Cigna Healthcare of New York, Inc., No. 452836/2014, N.Y. Sup., New York Co.).