LexisNexis® Legal Newsroom
Mealey's Bankruptcy - New York Justice Asks For Input Regarding Termination Of Ancillary Receivership

NEW YORK - A New York justice on June 2 issued an order to show cause asking for responses regarding the proposed termination of the ancillary receivership of an insolvent Ohio insurer (In the Matter of the Ancillary Receivership of Credit General Insurance Company, No. 400160/01, N.Y. Sup., New York Co.).

Mealey's IP/Tech - Google Seeks To Compel Studios' Discovery Responses In Suit With Mississippi AG

NEW YORK - Google Inc. moved in New York federal court on June 1, seeking to compel three movie studios to comply with discovery subpoenas served on them in a lawsuit in Mississippi federal court in which Google asserts constitutional violations in Mississippi Attorney General Jim Hood's investigation of it under the Mississippi Consumer Protection Act (MCPA) (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).

Mealey's Insurance - New York Justice Asks For Input Regarding Termination Of Ancillary Receivership

NEW YORK - A New York justice on June 2 issued an order to show cause asking for responses regarding the proposed termination of the ancillary receivership of an insolvent Ohio insurer (In the Matter of the Ancillary Receivership of Credit General Insurance Company, No. 400160/01, N.Y. Sup., New York Co.).

Mealey's Insurance - 2nd Circuit Panel Affirms Denial Of Benefits Under Pension Plan Was Proper

NEW YORK - The denial of a claimant's benefits under a disability pension plan was not arbitrary or capricious because it was not clear that the disability was permanent or that she was disabled while employed, the Second Circuit U.S. Court of Appeals said June 1 (Francy Ocampo v. Building Service 32B-J Pension Fund, et al., No. 14-0877, 2nd Cir.; 2015 U.S. App. LEXIS 9020).

Mealey's Litigation Procedure - IHeartMedia Sued For Allegedly Sending Unauthorized Texts

NEW YORK - A New York woman on June 3 filed a class complaint against iHeartMedia Inc. in New York federal court for allegedly sending unauthorized text messages to cellular phones of people around the country (Beth Shvarts, et al. v. iHeartMedia, Inc., No. 15-3231, E.D. N.Y.).

Mealey's Litigation Procedure - Google Seeks To Compel Studios' Discovery Responses In Suit With Mississippi AG

NEW YORK - Google Inc. moved in New York federal court on June 1, seeking to compel three movie studios to comply with discovery subpoenas served on them in a lawsuit in Mississippi federal court in which Google asserts constitutional violations in Mississippi Attorney General Jim Hood's investigation of it under the Mississippi Consumer Protection Act (MCPA) (Google Inc. v. Twenty-First Century Fox Inc., et al., No. 1:15-cv-00150, S.D. N.Y.).

Mealey's Litigation Procedure - Magistrate Judge Says Arbitration Transcripts Are Relevant To Case

SYRACUSE, N.Y. - A federal magistrate judge in New York on June 2 granted in part and denied in part a reinsurer's motion to compel discovery in an asbestos-related reinsurance billing dispute (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-00700, N.D. N.Y.).

Mealey's Insurance - Magistrate Judge Says Arbitration Transcripts Are Relevant To Case

SYRACUSE, N.Y. - A federal magistrate judge in New York on June 2 granted in part and denied in part a reinsurer's motion to compel discovery in an asbestos-related reinsurance billing dispute (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 14-cv-00700, N.D. N.Y.).

Mealey's Bankruptcy - Ancillary Receiver For Insolvent Insurer Appointed In New York Court

NEW YORK - A New York justice on May 28 appointed the state's superintendent of financial services as the ancillary receiver of an insolvent Oklahoma insurer licensed to do business in New York (In the Matter of Red Rock Insurance Company, No. 451197/15, N.Y. Sup., New York Co.).

Mealey's Insurance - Ancillary Receiver For Insolvent Insurer Appointed In New York Court

NEW YORK - A New York justice on May 28 appointed the state's superintendent of financial services as the ancillary receiver of an insolvent Oklahoma insurer licensed to do business in New York (In the Matter of Red Rock Insurance Company, No. 451197/15, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Judge Grants Final Approval Of $500M Mortgage-Backed Securities Settlement

NEW YORK - A federal judge in New York on May 27 granted final approval of a $500 million settlement in a securities class action lawsuit regarding Bear Stearns' sale of more than $17 billion in mortgage-backed securities, finding the settlement agreement to be fair, reasonable and adequate (In re Bear Stearns Mortgage Pass-Through Certificates Litigation, No. 08-8093, S.D. N.Y.).

Mealey's Litigation Procedure - Federal Judge Decertifies Class Related To Alleged Late Fees Charged By Lenders

NEW YORK - A New York federal judge on May 29 granted a request to decertify a class of claimants asserting a breach of contract claim against lenders in relation to alleged late fees, finding a lack of evidence that the lenders assumed specific contractual obligations or were in privity of contract with absent class members (Joseph Mazzei, et al. v. The Money Store, et al., No. 01cv5694, S.D. N.Y.; 2015 U.S. Dist. LEXIS 69866).

Mealey's Insurance - Reinsurer Argues Recent Decision Does Not Effect Outcome In Reinsurance Dispute

SYRACUSE, N.Y. - A reinsurer told a federal court in New York on May 29 that a reinsured's reasoning behind its motion for reconsideration is without merit because the recent decision the reinsured cites breaks no new ground (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).

Mealey's Insurance - Insured Failed To State Any Claim For Relief In Bad Faith Suit, Judge Rules

SYRACUSE, N.Y. - A federal judge in New York on May 26 dismissed an insurance bad faith lawsuit, ruling that an insured failed to state any of her claims for relief against her homeowners insurance provider (Jo-Ann D. Ripka v. Safeco Insurance, also known as Peerless Insurance Co., No. 14-1442, N.D. N.Y.; 2015 U.S. Dist. LEXIS 67595).

Mealey's PI/Product Liability - Bankruptcy Judge To Stay Suits Against GM Pending Appeal Of Sale Order Ruling

NEW YORK - The judge overseeing the General Motors Corp. (Old GM) bankruptcy proceedings said May 27 that he will stay dozens of ignition-switch suits against General Motors LLC (New GM) in the wake of his earlier ruling that the bulk of the suits are barred by a sale order and injunction entered in the bankruptcy case (In re Motors Liquidation Co., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's PI/Product Liability - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).

Mealey's Labor & Employment - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).

Mealey's Toxic Tort/Environmental - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris, et al. v. A.O. Smith Water Products Inc., et al., No. 190397/2014, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1839).

Mealey's Toxic Tort/Environmental - Counsel: Chevron Cannot Collaterally Attack Lago Agrio Judgment

NEW YORK - The attorneys representing Steven Donziger, the attorney for a group of Ecuadorian residents who won an $18.5 billion judgment against Chevron Corp. for personal injuries caused by the company's oil operations in the Lago Agrio region of Ecuador, on May 22 filed a brief in the Second Circuit U.S. Court of Appeals arguing that the company cannot collaterally attack the judgment at issue in the case (Chevron Corporation v. Steven R. Donziger, et al., No. 14-826, 2nd Cir.).

Mealey's PI/Product Liability - Propecia Clinical Investigator May Face Contempt For Ignoring MDL Subpoena

BROOKLYN, N.Y. - A doctor who was the principal investigator in clinical trials studying the use of Propecia to treat enlarged prostate glands may face a contempt of court citation for allegedly ignoring a subpoena from plaintiffs in a New York multidistrict litigation, according to a May 26 motion and brief (In Re: Propecia [Finasteride] Products Liability Litigation, MDL Docket No. 2331, No. 12-md-2331, E.D. N.Y.).

Mealey's Insurance - Federal Jury Awards Insurer $1.62M In Compensatory, $2.75M In Punitive Damages

NEW YORK - A New York federal jury on May 26 awarded an insurer $1,625,431.75 in compensatory damages and $2.75 million in punitive damages after finding that a third-party claims administrator breached a claims services agreement and its fiduciary duty and committed conversion against the insurer, further finding that the administrator's affiliates aided and abetted its wrongful acts (Starr Indemnity & Liability Co. v. ACM, et al., No. 14-0463, S.D. N.Y.)

Mealey's Antitrust/Unfair Competition - Federal Judge Finds TILA And UCL Claims Barred By Res Judicata

OAKLAND, Calif. - A California federal judge on May 22 granted a bank's motion to dismiss a wrongful foreclosure case against it, finding that a borrower's claims for violation of the Truth in Lending Act (TILA) and California's unfair competition law (UCL) were barred by res judicata (Arketha Munir v. The Bank of New York Mellon as Trustee, No. 14-cv-05073, N.D. Calif.; 2015 U.S. Dist. LEXIS 67293).

Mealey's Banking & Finance - Federal Judge Finds TILA And UCL Claims Barred By Res Judicata

OAKLAND, Calif. - A California federal judge on May 22 granted a bank's motion to dismiss a wrongful foreclosure case against it, finding that a borrower's claims for violation of the Truth in Lending Act (TILA) and California's unfair competition law (UCL) were barred by res judicata (Arketha Munir v. The Bank of New York Mellon as Trustee, No. 14-cv-05073, N.D. Calif.; 2015 U.S. Dist. LEXIS 67293).

Mealey's PI/Product Liability - 2nd Circuit Affirms Injunction Against Discontinuing Alzheimer's Drug

NEW YORK - The Second Circuit U.S. Court of Appeals on May 22 affirmed a lower court injunction preventing Actavis PLC from discontinuing its Namenda IR Alzheimer's drug in favor of a patent-protected extended-release version and allowing it to block less-costly generic versions of Namenda IR (People of the State of New York, et al. v. Actavis PLC, et al., No. 14-4624, 2nd Cir.).

Mealey's Litigation Procedure - Insured's Motion Premature; Discovery Needs To Be Conducted, N.Y. Panel Affirms

NEW YORK - A New York appeals panel on May 21 found that an insured has failed to establish that an insurer breached a lawyers professional liability insurance policy or that counterclaims in an underlying dispute do not fall under two policy exclusions, affirming a lower court's ruling that the issue of whether the insured is entitled to recover underlying defense costs is premature (Law Offices of Zachary R. Greenhill P.C., et al. v. Liberty Insurance Underwriters, Inc., et al., No. 14902, 650414/14, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 4276).