LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 2nd Circuit Partly Reverses Holdings In Denial Of Benefits Case

NEW YORK - A New York federal judge's determination that the New York State Psychiatric Association (NYSPA) lacks associational standing to sue a claims administrator for violations of the Employment Retirement Income Security Act was reversed by the Second Circuit U.S. Court of Appeals on Aug. 20 (New York State Psychiatric Association Inc., et al. v. UnitedHealth Group, et al., No. 14-20, 2nd Cir.; 2015 U.S. App. LEXIS 14641).

Mealey's IP/Tech - 2nd Circuit Affirms Bench Trial Outcome In Trademark Infringement Case

NEW YORK - Assertions by a trademark infringement defendant that a New York federal judge improperly found a likelihood of confusion merit "little discussion," the Second Circuit U.S. Court of Appeals ruled Aug. 24 (BPP Wealth Inc., et al. v. Weiser Capital Management LLC, et al., Nos. 14-1848, -1849, 2nd Cir.; 2015 U.S. App. LEXIS 14814).

Mealey's PI/Product Liability - OxyContin Maker Pays New York $75,000, Tightens Marketing Of It Opioid Drugs

NEW YORK - OxyContin maker Purdue Pharma will pay New York state a $75,000 penalty, tighten promotion of its opioid drugs and disclose financial relationships with a pain management website under an "assurance of discontinuance," the state Attorney General's Office announced Aug. 20 (In the Matter of Purdue Pharma L.P., Assurance No. 15-151, N.Y. A.G.).

Mealey's Banking & Finance - Federal Judge Denies Expert Testimony In Residential Mortgage Securities Dispute

NEW YORK - An expert cannot testify on the proper amount of damages due to Bank of New York Mellon (BoNY) based on agreements concerning residential mortgage-backed securities, a New York federal judge ruled Aug. 18, finding that the agreements provide a formula for recovery before and after liquidation of a loan (The Bank of New York Mellon, solely as Trustee for GE-WMC Mortgage Securities Trust 2006-1 v. WMC Mortgage, LLC and GE Mortgage Holding, LLC, No. 12-7096, S.D. N.Y.; 2015 U.S. Dist. LEXIS 108320).

Mealey's Labor & Employment - 2nd Circuit: Major League Baseball FanFest Volunteers Are Not Owed Wages

NEW YORK - Individuals who volunteered at Major League Baseball's FanFest are exempt from receiving wages under the Fair Labor Standards Act (FLSA), the Second Circuit U.S. Court of Appeals ruled Aug. 14 (John Chen, et al. v. Major League Baseball Properties, Inc., et al., No. 14-1315, 2nd Cir.; 2015 U.S. App. LEXIS 14275).

Mealey's PI/Product Liability - Cross-Claims Keep Asbestos Defendant In New York Action

NEW YORK - The absence of evidence against a defendant does not free it from an asbestos case where potential cross claims exist, a New York justice held in an opinion posted Aug. 18 (In re New York City Asbestos Litigation Michael Koulermos and Marian Koulermos v. A.O. Smith Water Products, et al., No. 190406/2014, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - Cross-Claims Keep Asbestos Defendant In New York Action

NEW YORK - The absence of evidence against a defendant does not free it from an asbestos case where potential cross-claims exist, a New York justice held in an opinion posted Aug. 18 (In re New York City Asbestos Litigation Michael Koulermos and Marian Koulermos v. A.O. Smith Water Products, et al., No. 190406/2014, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Federal Judge Denies Expert Testimony In Residential Mortgage Securities Dispute

NEW YORK - An expert cannot testify on the proper amount of damages due to Bank of New York Mellon (BoNY) based on agreements concerning residential mortgage-backed securities, a New York federal judge ruled Aug. 18, finding that the agreements provide a formula for recovery before and after liquidation of a loan (The Bank of New York Mellon, solely as Trustee for GE-WMC Mortgage Securities Trust 2006-1 v. WMC Mortgage, LLC and GE Mortgage Holding, LLC, No. 12-7096, S.D. N.Y.; 2015 U.S. Dist. LEXIS 108320).

Mealey's Litigation Procedure - 2nd Circuit: Major League Baseball FanFest Volunteers Are Not Owed Wages

NEW YORK - Individuals who volunteered at Major League Baseball's FanFest are exempt from receiving wages under the Fair Labor Standards Act (FLSA), the Second Circuit U.S. Court of Appeals ruled Aug. 14 (John Chen, et al. v. Major League Baseball Properties, Inc., et al., No. 14-1315, 2nd Cir.; 2015 U.S. App. LEXIS 14275).

Mealey's Insurance - Judge Orders Petition To Confirm Arbitration Award Sealed

NEW YORK - A federal judge in New York on Aug. 14 granted an insurer's motion to seal a petition for confirmation of an arbitration award brought against a reinsurer (Century Indemnity Company v. Global Reinsurance Corporation of America, et al., No. 15-cv-06426, S.D. N.Y.).

Mealey's Antitrust/Unfair Competition - Pennsylvania Federal Judge Denies Electric Supplier's Motion To Transfer Class Suit

PHILADELPHIA - A Pennsylvania federal judge on Aug. 13 denied an electricity supplier's motion to transfer a class complaint alleging misrepresentation of energy rates to a New York federal court, where three other similar class cases are pending (Michael Kantor, et al. v. Hiko Energy, LLC, No. 14-5585, E.D. Pa.; 2015 U.S. Dist. LEXIS 106448).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Denies Electric Supplier's Motion To Transfer Class Suit

PHILADELPHIA - A Pennsylvania federal judge on Aug. 13 denied an electricity supplier's motion to transfer a class complaint alleging misrepresentation of energy rates to a New York federal court, where three other similar class cases are pending (Michael Kantor, et al. v. Hiko Energy, LLC, No. 14-5585, E.D. Pa.; 2015 U.S. Dist. LEXIS 106448).

Mealey's Bankruptcy - Bankruptcy Judge Denies GM's Motion To Stay Suits By Plaintiffs, 2 States

NEW YORK - A recent U.S. Supreme Court decision requires that certain plaintiffs in the ignition-switch litigation against General Motors LLC (New GM) be allowed to have their suits reviewed by a federal district court judge, the bankruptcy judge overseeing the General Motors Corp. (Old GM) bankruptcy case ruled Aug. 13 (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's PI/Product Liability - Bankruptcy Judge Denies GM's Motion To Stay Suits By Plaintiffs, 2 States

NEW YORK - A recent U.S. Supreme Court decision requires that certain plaintiffs in the ignition-switch litigation against General Motors LLC (New GM) be allowed to have their suits reviewed by a federal district court judge, the bankruptcy judge overseeing the General Motors Corp. (Old GM) bankruptcy case ruled Aug. 13 (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's Banking & Finance - 2nd Circuit Vacates Court's Dismissal Of Borrower's FDCPA Claims

NEW YORK - After finding that a letter from a lender constituted a communication related to the collection of a debt, the Second Circuit U.S. Court of Appeals on Aug. 12 vacated a decision granting the lender's motion to dismiss the borrower's claims for violation of the Fair Debt Collection Practices Act (FDCPA) (Matthew J. Hart v. FCI Lender Services Inc., No. 14-191, 2nd Cir.; 2015 U.S. App. LEXIS 14087).

Mealey's Litigation Procedure - Citigroup To Pay $13.5M To Settle Investor Claims Over Hedge Fund Losses

NEW YORK - Citigroup Inc. and one of its subsidiaries will pay $13.5 million to settle investor claims that they and other defendants misled the investors about, among other things, the financial condition of a hedge fund that was ultimately liquidated at three cents on the dollar, according to a motion for settlement filed by the investors filed Aug. 10 in New York federal court (Dr. David Beach, et al. v. Citigroup Alternative Investments LLC, et al., No. 12-7717, S.D. N.Y.).

Mealey's Litigation Procedure - GM MDL Judge Limits Scope Of Investigator's Deposition, Citing Privilege

NEW YORK - The federal judge overseeing the ignition-switch multidistrict litigation against General Motors LLC (New GM) on Aug. 11 granted the bulk of a request by the automaker for an order limiting the scope of a deposition of attorney Anton Valukas, who was hired by New GM to conduct an internal investigation into the ignition switch defect and delays in recall of affected vehicles (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).

Mealey's Insurance - Claimant Permitted To Offer Additional Evidence On Remand, Federal Judge Says

NEW YORK - A New York federal judge on Aug. 11 clarified a prior ruling to ensure that a disability claimant is able to present additional evidence supporting her disability on remand and awarded the claimant 50 percent of the attorney fees she incurred since suing the disability insurer (Pamela Wallace v. Group Long Term Disability Plan for Employees of TDAmeritrade Holding Corp. et al., No. 13-6759, S.D. N.Y.; 2015 U.S. Dist. LEXIS 105390).

Mealey's Insurance - Panel: Breach Of Contract, Bad Faith Claims Barred By Statute Of Limitations

PHILADELPHIA - A federal district court did not err in dismissing an insured's breach of contract and insurance bad faith claims because his claims were barred by their respective statutes of limitations, a Third Circuit U.S. Court of Appeals panel ruled Aug. 10 (Ralph Leporace v. New York Life and Annuity, et al., No. 14-3821, 3rd Cir.; 2015 U.S. App. LEXIS 13970).

Mealey's Securities/D&O Liability - Citigroup To Pay $13.5M To Settle Investor Claims Over Hedge Fund Losses

NEW YORK - Citigroup Inc. and one of its subsidiaries will pay $13.5 million to settle investor claims that they and other defendants misled the investors about, among other things, the financial condition of a hedge fund that was ultimately liquidated at three cents on the dollar, according to a motion for settlement filed by the investors filed Aug. 10 in New York federal court (Dr. David Beach, et al. v. Citigroup Alternative Investments LLC, et al., No. 12-7717, S.D. N.Y.).

Mealey's PI/Product Liability - GM MDL Judge Limits Scope Of Investigator's Deposition, Citing Privilege

NEW YORK - The federal judge overseeing the ignition-switch multidistrict litigation against General Motors LLC (New GM) on Aug. 11 granted the bulk of a request by the automaker for an order limiting the scope of a deposition of attorney Anton Valukas, who was hired by New GM to conduct an internal investigation into the ignition switch defect and delays in recall of affected vehicles (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - Panel: Man Failed To Show Alleged Injuries Caused By Exposure To Chemicals

WASHINGTON, D.C. - A federal appeals panel on Aug. 6 affirmed a ruling that a former employee of the New York Department of Environmental Conservation (DEC) failed to establish that his alleged injuries were caused by exposure to chemicals while he worked as an environmental investigator (Richard J. Malin v. U.S. Department of Justice, No. 2015-8001, Fed. Cir.; 2015 U.S. App. LEXIS 13711).

Mealey's PI/Product Liability - New York Justice Rejects Crane Co.'s Bare-Metal Defense In Asbestos Case

NEW YORK - Sufficient questions exist regarding the power Crane Co. exerted over the use of asbestos-containing parts on its valves, a New York justice held in an opinion posted Aug. 7 (In re: New York City Asbestos Litigation, Russell Gonzales and Patricia Gonzales v. A.O. Smith Water Products Co., et al., No. 190282/12, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - New York Justice Rejects Crane Co.'s Bare-Metal Defense In Asbestos Case

NEW YORK - Sufficient questions exist regarding the power Crane Co. exerted over the use of asbestos-containing parts on its valves, a New York justice held in an opinion posted Aug. 7 (In re: New York City Asbestos Litigation, Russell Gonzales and Patricia Gonzales v. A.O. Smith Water Products Co., et al., No. 190282/12, N.Y. Sup., New York Co.).

Mealey's Bankruptcy - Plaintiffs Ask Bankruptcy Court To Deny Enforcement Of Stay Of Suits Against GM

NEW YORK - The plaintiffs in the ignition-switch litigation against General Motors LLC (New GM), a group of non-ignition switch plaintiffs and the states of Arizona and California on Aug. 5 filed an objection to the automaker's motion to enforce a stay against dozens of suits against it (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).