LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - FDA Withdraws Exparel Warning Letter, Settles Free-Speech Suit By Pacira

NEW YORK - Pacira Pharmaceuticals Inc. on Dec. 14 agreed to dismiss its free-speech lawsuit against the Food and Drug Administration for the marketing of the local anesthetic Exparel after the FDA withdrew a warning letter about off-label promotion, issued a clarifying letter and approved revisions to the Exparel approval and both parties promised to deal with each other "in an open, forthright, and fair manner" (Pacira Pharmaceuticals, Inc., et al. v. United States Food & Drug Administration, et al., No. 15-7055, S.D. N.Y.).

Mealey's Labor & Employment - Madison Square Garden $795,000 Intern Wage Settlement Denied Approval

NEW YORK - A New York federal magistrate judge on Dec. 10 denied preliminary approval of a $795,000 settlement to end class claims filed on behalf of MG Holdings L.P. and Madison Square Garden (collectively, MSG) unpaid interns who seek wages (Christopher Fraticelli, et al. v. MSG Holdings, L.P., et al., No. 13-6518, S.D. N.Y.; 2015 U.S. Dist. LEXIS 166004).

Mealey's Litigation Procedure - Madison Square Garden $795,000 Intern Wage Settlement Denied Approval

NEW YORK - A New York federal magistrate judge on Dec. 10 denied preliminary approval of a $795,000 settlement to end class claims filed on behalf of MG Holdings L.P. and Madison Square Garden (collectively, MSG) unpaid interns who seek wages (Christopher Fraticelli, et al. v. MSG Holdings, L.P., et al., No. 13-6518, S.D. N.Y.; 2015 U.S. Dist. LEXIS 166004).

Mealey's Insurance - Insured's Defective Work Is Not Covered, New York Federal Judge Concludes

NEW YORK - Allegations of an insured's faulty workmanship are not covered under a commercial general liability insurance policy, a New York federal judge ruled Dec. 10, finding that even if the allegations were covered, the damage occurred outside of the policy period (Maxum Indemnity Co. v. A One Testing Laboratories, Inc. a/k/a A-1 Testing Laboratories, Inc., et al., No. 14-4023, S.D. N.Y.; 2015 U.S. Dist. LEXIS 165756).

Mealey's Insurance - Subrogated Insurer Failed To Timely Provide Support Of Negligence Claim, Judge Says

PITTSBURGH - A subrogated insurer untimely submitted a motion offering case law in support of its dismissed professional negligence against a contractor regarding water damage from a faulty fire sprinkler system, a Pennsylvania federal judge ruled Dec. 8 (Insurance Company of Greater New York, as subrogee of Five Star Hotels, LLC d/b/a Holiday Inn Parkway East v. Fire Fighter Sales & Service Co., No. 11-1078, W.D. Pa.; 2015 U.S. Dist. LEXIS 164277).

Mealey's IP/Tech - New York Federal Judge Grants Leave To Amend Copyright Complaint

NEW YORK - A stock photography agency was granted leave to amend its copyright infringement complaint against an educational publisher on Dec. 10, despite missing a deadline to add such claims by more than four months (Palmer/Kane LLC v. Scholastic Corporation, No. 14-7805, S.D. N.Y.; 2015 U.S. Dist. LEXIS 165752).

Mealey's IP/Tech - New York Federal Judge: Source Code Containing Author Qualifies As Identification

NEW YORK - A plaintiff won the right Dec. 9 to amend its complaint to add allegations of Digital Millennium Copyright Act (DMCA) violations, based on findings by a New York federal judge that the inclusion of a corporate name in source code constitutes copyright management information (CMI) as defined by the statute (Bounce Exchange Inc. v. Zeus Enterprise Ltd. d/b/a Yieldify, No. 15-3268, S.D. N.Y.; 2015 U.S. Dist. LEXIS 165073).

Mealey's Litigation Procedure - Foreign Reinsurer Asks Court To Deny Insurer's Motion To Compel Arbitration

NEW YORK - A Swiss reinsurer told a federal court in New York on Dec. 2 that the court should deny its reinsured's motion to compel arbitration of a reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).

Mealey's Insurance - Foreign Reinsurer Asks Court To Deny Insurer's Motion To Compel Arbitration

NEW YORK - A Swiss reinsurer told a federal court in New York on Dec. 2 that the court should deny its reinsured's motion to compel arbitration of a reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).

Mealey's Litigation Procedure - Judge Dismisses Claims Related To Construction Of Luxury Resort In Mexico

NEW YORK - A New York federal judge on Dec. 3 granted a company's motion to dismiss various claims in relation to the construction and operation of a luxury resort in Mexico, but granted leave for the plaintiff in the dispute to amend its claim for tortious interference (Desarrolladora Farallon S. DE R.L. DE C.V. v. Cargill Inc., No. 15-cv-0532, S.D. N.Y.; 2015 U.S. Dist. LEXIS 162435).

Mealey's Toxic Tort/Environmental - New York Appellate Panel Affirms Jury Verdict, Sentence In Untaxed Tobacco Case

ALBANY, N.Y. - A New York appellate panel on Dec. 3 upheld a guilty verdict and the prison sentence against a man found guilty of selling untaxed cigarettes and found the trial court acted properly by denying the defendant's motions to suppress evidence (The People of the State of New York v. Juan Reynoso-Fabian, No. 105234, N.Y. Sup., App. Div., 3rd Dept.; 2015 N.Y. App. Div. LEXIS 8959).

Mealey's Litigation Procedure - Judge Follows Appellate Panel's Mandate, Appoints Reinsurance Arbitration Umpire

NEW YORK - A federal judge in New York on Dec. 2 appointed an arbitration umpire in a reinsurance dispute in accordance with instructions from the Second Circuit U.S. Court of Appeals (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).

Mealey's Banking & Finance - Federal Judge Finds Land Trust Is Subject To Bank's Lien On Property

FORT WORTH, Texas - A Texas federal judge on Nov. 30 granted a bank's motion for summary judgment on claims asserted by a land trust for quiet title and injunctive relief to prevent foreclosure, finding that the bank held the note and that the trust was subject to a lien (Saddle Blanket 1316 Land Trust v. The Bank of New York Mellon, F/K/A The Bank of New York, as Trustee For The Certificateholders of Cwalt, Inc. Alternative Loan Trust 2006-31cb Mortgage Pass-Through Certificates, Series 2006-31cb, No. 4:15-CV-401, N.D. Texas; 2015 U.S. Dist. LEXIS 160363).

Mealey's Litigation Procedure - Call Center Operator Seeks Post-Judgment Discovery To Enforce Arbitration Award

ROCHESTER, N.Y. - After prevailing in arbitration over a contractual dispute with a former client and receiving a judgment in its favor, a call center services provider filed a motion to compel in New York federal court on Nov. 24, seeking information and testimony on the defendant's assets in an effort to enforce the judgment (Sutherland Global Services Inc. v. Adam Technologies International S.A. de C.V., No. 6:12-cv-06439, W.D. N.Y.).

Mealey's Litigation Procedure - Judge Won't Compel Production Of Privileged Materials In GM Ignition Switch MDL

NEW YORK - The plaintiffs in the ignition switch defects multidistrict litigation against General Motors LLC (New GM) saw their motion to compel documents from the automaker and its attorneys under the crime-fraud exception to the attorney client privilege denied Nov. 25 by a New York federal judge, who found that the plaintiffs "fail[ed] to show that the documents at issue . . . were made with the intent to further" any "crime" or "fraud" (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-02543, S.D. N.Y.; 2015 U.S. Dist. LEXIS 159721).

Mealey's Toxic Tort/Environmental - New York Jury Finds Former Politician Guilty On Mesothelioma Charges

NEW YORK - A New York jury on Nov. 30 found former New York politician Sheldon Silver guilty of all charges, including claims that he received millions of dollars in referral fees from Weitz & Luxenberg after directing research funds to a doctor so he would steer patients to the asbestos powerhouse law firm (United States of America v. Sheldon Silver, No. 15-93, S.D. N.Y.).

Mealey's Litigation Procedure - Judge Declines To Remand Consolidated Anthem Data Breach Case, Citing ERISA

SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).

Mealey's PI/Product Liability - Weitz & Luxenberg Defends Subpoena Of Asbestos Commentary Author

NEW YORK - Defendants' "consistent" reliance on a Mealey's Asbestos Bankruptcy Report commentary and their concern that deposing the authors would provide "leverage" in ongoing negotiations demonstrate the validity of a subpoena, plaintiffs in New York asbestos litigation told a judge Nov. 24 (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 - Weitz & Luxenberg Defends Subpoena Of Asbestos Commentary Author

NEW YORK - Defendants' "consistent" reliance on a Mealey's Asbestos Bankruptcy Report commentary and their concern that deposing the authors would provide "leverage" in ongoing negotiations demonstrate the validity of a subpoena, plaintiffs in New York asbestos litigation told a judge Nov. 24 (In re: New York City Asbestos Litigation, All Weitz & Luxenberg Asbestos Cases, No. 040000/88, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - New York Jury Hearing Asbestos-Tainted Talc Case Awards $7 Million

NEW YORK - A New York jury awarded a woman's estate $7 million on Nov. 24 for asbestos exposure from consumer talcum powder. It is believed to be the state's first such verdict, sources told Mealey's Publications (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - Judge Declines To Remand Consolidated Anthem Data Breach Case, Citing ERISA

SAN JOSE, Calif. - The plaintiffs in a putative class action over a breach of Anthem Inc.'s database, which was consolidated with many similar cases, saw their motion to remand to New York state court denied Nov. 24 by a California federal judge, who found that the plaintiffs' state law claims were preempted by the Employee Retirement Income Security Act (ERISA), thus requiring federal jurisdiction (Y. Michael Smilow, et al. v. Anthem Life & Disability Insurance Co., et al., No. 15-cv-04739, N.D. Calif.; 2015 U.S. Dist. LEXIS 159643).

Mealey's Litigation Procedure - Judge Freezes $476 Million In Assets Related To Petition To Confirm

NEW YORK - A New York federal judge on Nov. 23 granted a transportation company's request for an injunction freezing $476,700,190.49 in assets and other assets in relation to its petition to confirm a $359,997,368.50 arbitration award that was issued in its favor by the Hong Kong International Arbitration Centre (HKIAC) (GE Transporation [Shenyang] Co. Ltd. v. A-Power Energy Generation Systems Ltd., No. 15-6194, S.D. N.Y.; 2015 U.S. Dist. LEXIS 158230).

Mealey's IP/Tech - 2nd Circuit Remands In Copyright Dispute Over Reproduced Images

NEW YORK - Although a copyright infringement action against Amazon.com Inc. was properly rejected, a New York federal judge should have allowed the plaintiff an opportunity to amend his claims against a co-defendant, the Second Circuit U.S. Court of Appeals ruled Nov. 24 (Isack Kousnsky v. Amazon.com Inc., et al., No. 14-1979, 2nd Cir.; 2015 U.S. App. LEXIS 20380).

Mealey's Toxic Tort/Environmental - Weitz & Luxenberg Defends Subpoena Of Asbestos Commentary Author

NEW YORK - Defendants' "consistent" reliance on a Mealey's Asbestos Bankruptcy Report commentary and their concern that deposing the authors would provide "leverage" in ongoing negotiations demonstrate the validity of a subpoena, plaintiffs in New York asbestos litigation told a judge Nov. 24 (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 - New York Jury Hearing Asbestos-Tainted Talc Case Awards $7 Million

NEW YORK - A New York jury awarded a woman's estate $7 million on Nov. 24 for asbestos exposure from consumer talcum powder. It is believed to be the state's first such verdict, sources told Mealey's Publications (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).