NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on Aug. 1 partially granted and partially denied motions to exclude filed by the automaker and the plaintiff in the fifth bellwether trial by saying that the automaker will be allowed to present testimony about the results of a blood test that indicates that the plaintiff may have had alcohol in her system when her car crashed (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).
UTICA, N.Y. - A New York federal judge held July 29 that an insurer has no duty to defend or indemnify professional race car driver Anthony Wayne Stewart against an underlying wrongful death lawsuit brought by the estate of a fellow race car driver (Axis Insurance Co. v. Anthony Wayne Stewart, No. 15-1131, N.D. N.Y.).
SYRACUSE, N.Y. - Century Indemnity Co. moved in a federal court in New York on July 28 to intervene in an asbestos reinsurance billing dispute for the purpose of opposing a reinsured's motion to seal certain documents (Utica Mutual Insurance Company v. Munich Reinsurance America, Inc., No. 12-cv-00196, N.D. N.Y.).
NEW YORK - A federal judge in New York on July 29 found a doctor guilty of one count of health care fraud, three counts of making false statements related to health care matters and two counts of money laundering for submitting millions of dollars in false claims to Medicare (United States of America v. Syed I. Ahmed, No. 14cr277, E.D. N.Y.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on July 27 reversed a district court's ruling against a disability claimant after determining that it was not reasonable for the insurers to conclude that the date of the claimant's first physician visit related to the disability determines the time when the disability commenced (Eric Berg v. New York Life Insurance Co. et al., No. 15-1410, 7th Cir.; 2016 U.S. App. LEXIS 13656).
NEW YORK - A New York federal judge's rejection of copyright infringement claims against Sony Music Entertainment - based upon a determination that the "Iron Man" composition was a work for hire commissioned by Marvel Comics - was vacated July 29 by the Second Circuit U.S. Court of Appeals, which found that material fact issues regarding ownership should have precluded summary judgment (Jack Urbont v. Sony Music Entertainment et al., No. 15-1778, 2nd Cir.; 2016 U.S. App. LEXIS 13775).
WHITE PLAINS, N.Y. - A New York federal judge on July 28 granted summary judgment and dismissed all 1,377 Mirena intrauterine device (IUD) multidistrict litigation cases, saying the plaintiffs cannot prove without an expert that the device can move about the body after insertion and that the plaintiffs cannot rely on lay understanding by jurors or infer admission by defendant Bayer Healthcare Pharmaceuticals Inc. (In Re: Mirena IUD Products Liability Litigation, MDL Docket No. 2434, No. 13-mc-2434, S.D. N.Y.).
BROOKLYN, N.Y. - Dismissal of an amended complaint in a securities class action lawsuit is not proper because the lead plaintiffs have pleaded falsity, materiality and scienter in making their federal securities law claims by arguing that a research manufacturing company and certain of its current and former executive officers concealed issues relating to a power failure at one of the company's laboratories, a federal judge in New York ruled July 26 (John Gauquie v. Albany Molecular Research Inc., et al., No. 14-6637, E.D. N.Y.; 2016 U.S. Dist. LEXIS 97295).
NEW YORK - Shareholders on July 25 filed a notice of appeal in a securities class action lawsuit against a pharmaceutical company and its former CEO, seeking Second Circuit U.S. Court of Appeals review of a federal judge's ruling dismissing the action for failure to plead an actionable misrepresentation, scienter or loss causation (In re Sanofi Securities Litigation, No. 16-2573, 2nd Cir.).
NEW YORK - A New York justice on July 25 ordered the implementation of an ancillary receivership proceeding of an insolvent Missouri insurer (In the Matter of the Application of Maria T. Vullo, Acting Superintendent of Financial Services of the State of New York, for an Order of Appointment as Ancillary Receiver of Lumbermen's Underwriting Alliance, No. 450674-16, N.Y. Sup., New York Co.).
NEW YORK - In a July 25 letter to the judge overseeing the General Motors ignition switch multidistrict litigation, attorneys for the automaker say they will seek review of a recent Second Circuit U.S. Court of Appeals panel decision that will allow people who were allegedly injured as a result of defective GM ignition switches in automobiles made before the company's 2009 bankruptcy to sue the company (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).
BROOKLYN, N.Y. - A New York federal judge on July 22 denied an insured's motion to amend her complaint in a Superstorm Sandy coverage dispute (Joan Murphy v. The National Flood Insurance Program, No. 13-6757, E.D. N.Y.; 2016 U.S. Dist. LEXIS 96061).
NEW YORK - The judge overseeing the General Motors ignition switch multidistrict litigation on July 22 granted in part and denied in part a motion from the plaintiff in the next bellwether trial seeking to exclude evidence that would show whether the plaintiff was wearing a seat belt when her car crashed (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Stephanie Cockram v. General Motors LLC, No. 14-CV-8716, S.D. N.Y.).
NEW YORK - A New York federal judge on July 25 granted a loan-servicing company's motion to dismiss claims for violation of the Truth in Lending Act (TILA), finding that the servicer provided adequate notice of a transfer of the mortgage to another servicer (Weston Wright, et al. v. Green Tree Servicing LLC, No. 1:14-cv-08493, S.D. N.Y.; 2016 U.S. Dist. LEXIS 96767).
NEW YORK - A company claiming to be the owner of an insurer being sued by Certain Underwriting Members at Lloyd's, London over an arbitration award moved to intervene in the proceedings in a federal court in New York on July 22 (Certain Underwriting Members at Lloyd's, London Subscribing to Treaty No. 0272/04 v. Insurance Company of the Americas, No. 16-cv-00323, S.D. N.Y.).
CENTRAL ISLIP, N.Y. - A Native American cigarette manufacturer was awarded summary judgment July 21 in New York federal court on most federal cigarette tax claims filed against it by the State of New York but lost summary judgment on state law claims for failure to sell unstamped cigarettes to licensed stamping agents and failure to file annual manufacturing compliance certifications (State of New York v. Mountain Tobacco Company, d/b/a King Mountain Tobacco Company, Inc., No. 12-cv-6276, E.D. N.Y.; 2016 U.S. Dist. LEXIS 95329).