LexisNexis® Legal Newsroom
Mealey's IP/Tech - 2nd Circuit Says Trademark Damages Limited By Contract

NEW YORK - A limitation-of-liability clause in a former contract between a trademark and unjust enrichment plaintiff and defendant should have limited any post-termination damages, the Second Circuit U.S. Court of Appeals ruled Oct. 8 (My Play City Inc. v. Conduit Ltd., Nos. 13-2012, -2279, 2nd Cir.).

Mealey's Labor & Employment - 2nd Circuit: All But 1 Police Official Entitled To Qualified Immunity

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 6 granted qualified immunity to four of five police supervisors named as defendants in a discrimination suit filed by three police officers (Jennifer Raspardo, et al. v. John Carlone, et al., Nos. 12-1686 and 12-1870, 2nd Cir.; 2014 U.S. App. LEXIS 19010).

Mealey's Litigation Procedure - Federal Judge Refuses To Confirm ICC Award For Brazilian Airline

NEW YORK - After finding that a company did not sign a part of a share purchase and sale agreement that required arbitration of all disputes before the International Court of Arbitration of the International Chamber of Commerce (ICC), a New York federal judge on Oct. 2 refused to confirm a Brazilian airline's petition to confirm an arbitration award issued in its favor (VRG Linhas Aereas S.A. v. Matlinpatterson Global Opportunities Partners II L.P., et al., No. 11 Civ. 0198, S.D. N.Y.; 2014 U.S. Dist. LEXIS 141036).

Mealey's Insurance - Judge Finds Policy Void Based On Inflated Purchase Price Of Boat

GALVESTON, Texas - A federal appeals court judge sitting by designation over an insurance dispute in the U.S. District Court for the Western District of Texas on Oct. 6 ruled that a man's misrepresentation on an insurance policy application about the purchase price of a boat that was destroyed by a fire voided the policy because New York law applied to the contract (Marine Insurance Company Ltd. v. Joel Cron, et al., No. 13-CV-00437, S.D. Texas; 2014 U.S. Dist. LEXIS 141704).

Mealey's Bankruptcy - Judge Dismisses Insolvent Reinsurer's Claims Against Reinsured And Others

NEW YORK - A federal judge in New York on Sept. 30 granted a motion to dismiss breach of contract and other claims brought by an insolvent reinsurer against an insurer and the issuers of an allegedly falsified storm weather loss report (Mariah Re Ltd. [In Liquidation], acting by and through Geoffrey Varga and Jess Shakespeare, in their capacities as Liquidators thereof v. American Family Mutual Insurance Company, et al., No. 13-cv-04657, S.D. N.Y.).

Mealey's Insurance - Federal Judge: Broker Liable For $23M In Suit Arising From Superstorm Sandy Damage

NEW YORK - An insurance broker is liable for $20 million plus $3,205,479.45 in prejudgment interest in a Superstorm Sandy coverage dispute, a New York federal judge said Oct. 1 in entering final judgment that dismissed the claims against the insurer (Cammeby's Management Co., et al. v- Affiliated FM Insurance Co., et al., No. 13 Civ. 2814 [JSR], S.D. N.Y.).

Mealey's PI/Product Liability - New York Appeals Court Upholds Dismissal Of Suit Over Faulty Foundation

BROOKLYN, N.Y. - A New York appellate panel on Oct. 1 affirmed rulings by a trial court justice granting an unopposed motion to dismiss a lawsuit over the allegedly faulty construction of a modular home foundation and refusing to vacate the decision, holding that the plaintiffs were unable to provide a reasonable excuse as to why briefs that could have prevented entry of the rulings were not submitted in a timely fashion (John Starakis, et al. v. Edward Baker, et al., Nos. 2014-00807, 2014-00810, N.Y. Sup., App. Div., 2nd Dept.; 2014 N.Y. App. Div. LEXIS 6533).

Mealey's Insurance - Judge Dismisses Insolvent Reinsurer's Claims Against Reinsured And Others

NEW YORK - A federal judge in New York on Sept. 30 granted a motion to dismiss breach of contract and other claims brought by an insolvent reinsurer against an insurer and the issuers of an allegedly falsified storm weather loss report (Mariah Re Ltd. [In Liquidation], acting by and through Geoffrey Varga and Jess Shakespeare, in their capacities as Liquidators thereof v. American Family Mutual Insurance Company, et al., No. 13-cv-04657, S.D. N.Y.).

Mealey's PI/Product Liability - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of Appeals (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., No. 2014-00209, N.Y. App.).

Mealey's Toxic Tort/Environmental - Crane Co. Tells New York Top Court It Isn't Liable For Third-Party Asbestos Parts

NEW YORK - New York does not impose a duty on manufacturers for third-party asbestos products over which they had no control, and at the very least a new trial should be ordered to allow Crane Co. to present evidence under the new standard, Crane Co. argues in a Sept. 29 brief to the New York Court of Appeals (In the Matter of New York City Asbestos Litigation; Doris Kay Dummitt, et al. v. A.W. Chesterton, et al., No. 2014-00209, N.Y. App.).

Mealey's Toxic Tort/Environmental - New York Jury Awards $7 Million To Man Suffering From Mesothelioma

NEW YORK - A New York jury on Sept. 29 awarded $7 million to a man who contracted mesothelioma after exposure to asbestos during the construction of a National Grid Generation LLC predecessor's facility, sources told Mealey's Publication (Ralph North v. National Grid Generation LLC, No. 190114/13, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Magistrate Finds Agency Properly Withheld Documents In FOIA Request Response

NEW YORK - An attorney claiming nonresponsiveness under the Freedom of Information Act (FOIA) by the U.S. Citizenship and Immigration Services (CIS) failed to establish any bad faith or violations by the agency, a New York federal judge held Sept. 26, declining to conduct an in camera review of withheld documents and granting the agency's motion for summary judgment (John Assadi Esq. v. United States Citizenship and Immigration Services, No. 1:12-cv-01374, S.D. N.Y.; 2014 U.S. Dist. LEXIS 137074).

Mealey's Antitrust/Unfair Competition - Federal Judge Dismisses Mortgage Foreclosure Case; UCL Claim Not Supported

SAN JOSE, Calif. - In an unpublished opinion, a federal judge in California on Sept. 25 dismissed claims against two financial institutions in a mortgage foreclosure suit, saying that because the plaintiffs' other claims failed, they could not support a claim for violation of the state's unfair competition law (UCL) (Merilyn Fulinara, et al. v. Bank of New York Mellon, et al., No. 13-3963, N.D. Calif.; 2014 U.S. Dist. LEXIS 136012).

Mealey's PI/Product Liability - Novartis Kickback Lawsuit Largely Survives Dismissal

NEW YORK - A New York federal judge on Sept. 30 largely denied a motion by Novartis Pharmaceuticals Corp. to dismiss a False Claims/Anti-Kickback lawsuit in which a whistle-blower, the federal government and New York State allege that the drug maker paid kickbacks to doctors to prescribe the Valturna hypertension drug (United States of America, et al. ex rel. Oswald Bilotta v. Novartis Pharmaceuticals Corporation, No. 11-71, S.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Affirms Dismissal Of Trademark Claims Against Apple

NEW YORK - Allegations that Apple Inc. infringed when it adopted the trademark "iBooks" in connection with its e-book application for the iPad, iPod and iPhone were properly rejected on summary judgment by a New York federal judge, the Second Circuit U.S. Court of Appeals ruled Sept. 29 (J.T. Colby & Company Inc. v. Apple Inc., No. 13-2227, 2nd Cir.).

Mealey's Insurance - Judge Confirms Interim Arbitration Award In Reinsurance Dispute

NEW YORK - A federal judge in New York on Sept. 26 granted an insurer's motion to confirm an interim arbitration award concerning prehearing security (Companion Property And Casualty Insurance Company v. Allied Provident Insurance, Inc., No. 13-cv-07865, S.D. N.Y.).

Mealey's Banking & Finance - Post-Trial Briefs Filed In Antitrust Action Against Amex On Anti-Steering Rules

NEW YORK - Plaintiffs United States and 17 states and defendants American Express Co. and American Express Travel Related Services Co. Inc. (collectively, Amex) filed their redacted post-trial briefs following the conclusion of the bench trial in federal court in New York on the plaintiffs' claims that Amex's rules preventing merchants from steering customers toward the use of another credit card violate federal antitrust law (United States of America, et al. v. American Express Co., et al., No. 10-cv-4496, E.D. N.Y.).

Mealey's Antitrust/Unfair Competition - Post-Trial Briefs Filed In Antitrust Action Against Amex On Anti-Steering Rules

NEW YORK - Plaintiffs United States and 17 states and defendants American Express Co. and American Express Travel Related Services Co. Inc. (collectively, Amex) filed their redacted post-trial briefs following the conclusion of the bench trial in federal court in New York on the plaintiffs' claims that Amex's rules preventing merchants from steering customers toward the use of another credit card violate federal antitrust law (United States of America, et al. v. American Express Co., et al., No. 10-cv-4496, E.D. N.Y.).

Mealey's Litigation Procedure - MDL Judge Enters Order Coordinating Discovery, Pretrial Schedule In GM Cases

NEW YORK - Ordering the parties "to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions," the federal judge overseeing the General Motors LLC ignition switch litigation on Sept. 24 set forth procedures for discovery and other pretrial proceedings (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).

Mealey's Litigation Procedure - 4th Circuit Says Plaintiff Attorneys In Lago Agrio Case Not Entitled To Privilege

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).

Mealey's PI/Product Liability - MDL Judge Enters Order Coordinating Discovery, Pretrial Schedule In GM Cases

NEW YORK - Ordering the parties "to work together to coordinate discovery to the maximum extent feasible in order to avoid duplication of effort and to promote the efficient and speedy resolution of the MDL Proceeding and the Coordinated Actions," the federal judge overseeing the General Motors LLC ignition switch litigation on Sept. 24 set forth procedures for discovery and other pretrial proceedings (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).

Mealey's Insurance - Federal Judge Dismisses Bad Faith, Related Claims In Superstorm Sandy Suits

CENTRAL ISLIP, N.Y. - Adopting a report and recommendation by a committee of New York federal magistrate judges, a New York federal judge on Sept. 22 dismissed plaintiffs' bad faith and related claims that are unavailable under New York law in suits arising from Superstorm Sandy damage (In Re Hurricane Sandy Cases, Nos. 13-CV-5925, 13-CV-6158, 14-CV-2000, E.D. N.Y.; 2014 U.S. Dist. LEXIS 133724).

Mealey's Toxic Tort/Environmental - 4th Circuit Says Plaintiff Attorneys In Lago Agrio Case Not Entitled To Privilege

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on Sept. 24 ruled that attorneys who assisted the New York lawyer who won an $18.5 million verdict in the Lago Agrio contamination case against Chevron Corp. were not entitled to privilege regarding documents sought by the company, which argues that the verdict was fraudulent (Chevron Corporation v. Aaron Marr Page, et al., No. 13-2028 and [In Re: Hugo Gerardo Camacho Naranjo, et al., No. 13-1382, 4th Cir.).