NEW YORK - A federal judge in New York on Oct. 11 granted preliminary approval of a $28.5 million securities class action settlement between shareholders and a global eCommerce company and others, ruling that the proposed settlement offer is fair, reasonable and adequate (In re Cnova N.V. Securities Litigation, No. 16-444, S.D. N.Y.).
NEW YORK - An appeals court should vacate a provision of the new case management order allowing for punitive damages in asbestos cases and vacate or amend a provision governing how asbestos bankruptcy trust claims are handled, an amicus curiae group told the court on Oct. 10 (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., App. Div., 1st Dept.).
ROCHESTER, N.Y. - An insurer is not entitled to recover any amounts exceeding the "reinsurance accepted" amount set forth in reinsurance certificates, a New York appeals panel ruled Oct. 6 (Utica Mutual Insurance Co. v. Alfa Mutual Insurance Co., et al., No. 17-00305, N.Y. Sup., App. Div., 4th Dept., 2017 N.Y. App. Div. LEXIS 7064).
NEW YORK - A manufacturer of brake-grinding machines had a duty to warn about the dangers the use of its machines with asbestos-containing brakes posed, a New York appellate court held Oct. 5 while also affirming a stipulated $9 million award (Walter Miller v. BMW of North America LLC, et al., No. 190087/2014, N.Y. Sup., New York Co.).
SEATTLE - The Ninth Circuit U.S. Court of Appeals on Oct. 5 rejected an appeal of a court's decision to dismiss their claims against lenders under Washington law, finding that borrowers failed to show that any allegedly unfair actions committed by the lenders caused them to suffer an injury (Stephanie Tashiro-Townley, et al. v Bank of America New York Mellon Corp., et al., No. 16-35590, 9th Cir., 2017 U.S. App. LEXIS 19508).
NEW YORK - After finding that an insurer did not improperly deny coverage for continued treatment of an insured's anorexia nervosa in violation of the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals on Oct. 2 affirmed a court's ruling that the insurer's decision to cease coverage was based on the substantial evidence (Elizabeth W. v. Empire Healthchoice Assurance Inc., et al., No. 16-3463, 2nd Cir., 2017 U.S. App. LEXIS 19099).
NEW YORK - While a $20 million attorney fee agreement for a settlement between an insurer and asbestos claimants does not say the money is to be divided unevenly among the four law firms that negotiated the settlement, it also does not say the fees are to be divided equally, a New York federal judge found Sept. 29 in reversing a bankruptcy court ruling awarding $5 million to each firm (Bevan & Associates, LPA, Inc., et al. v. Eric Bogdan, et al., No. 16-cv-7154, S.D. N.Y.).
BUFFALO, N.Y. - A New York appeals court on Sept. 29 rejected a motion seeking reargument and declined a man's request for leave to further appeal a decision that a contract governing the construction of coke oven batteries involves materials, work and labor rather than a product for product liability purposes (In the matter of the Eighth Judicial District Asbestos Litigation, Donald J. Terwilliger, et al. v. Beazer East Inc., et al., No. 85 CA 16-00947, N.Y. Sup., App. Div., 4th Dist., 2017 N.Y. App. Div. LEXIS 6836).
NEW YORK - A New York federal judge on Sept. 27 granted summary judgment to two of three defendants in a collective action complaint brought by cell phone service field agents who claim that they were denied full wages, granted summary judgment to the third defendant, Wallace Morgan Inc., on all claims except for the wage-notice claims brought under the New York Labor Law (NYLL) and ordered additional limited briefing on the remaining claims (Jamie Martin, et al. v. Sprint United Management Co., et al., No. 15-5237, S.D. N.Y., 2017 U.S. Dist. LEXIS 159479).
NEW YORK - An arbitrary and capricious standard of review will be applied in a disability benefits dispute because the plan at issue clearly granted discretionary authority to the insurer and the claimant failed to carry the burden of proving that a de novo standard of review should be applied, a New York federal judge said Sept. 26 (Laurie Tietjen v. Unum Life Insurance Company of America, No. 16-7021, S.D. N.Y., 2017 U.S. Dist. LEXIS 157721).
ALBANY, N.Y. - No coverage is owed to an insured for two underlying lawsuits alleging injuries caused by exposure to lead paint in the insured's rental property because the insured failed to provide the insurer with timely notice of the occurrence, which was a 1994 report by the county health department detailing the presence of lead paint in the property, a New York federal judge said Sept. 26 (J. Peter McPartlon v. Continental Casualty Co., and Continental Casualty Co. v. J. Peter McPartlon, Nos. 15-299, 15-1520, N.D. N.Y., 2017 U.S. Dist. LEXIS 157858).
NEW YORK - Ruling on dueling summary judgment motions, a New York federal judge held Sept. 25 that an investigation by the Securities Exchange Commission against a private investment firm insured is excluded from coverage because it was pending before the August 2011 inception of an excess directors and officers liability insurance policy (Patriarch Partners, LLC v. Axis Insurance Company, No. 16-2277, S.D. N.Y., 2017 U.S. Dist. LEXIS 155367).
NEW YORK - Citing evidence that a plaintiff "does not hold (and indeed, has not even applied for) a copyright," a New York federal judge on Sept. 25 dismissed without prejudice allegations of infringement by a bar exam prep company against a competitor (LLM Bar Exam LLC v. Barbri Inc., et al., No. 16-3770, S.D. N.Y., 2017 U.S. Dist. LEXIS 156411).
NEW YORK - A woman's state law class action claiming that her insurer's plan documents deceptively advertise and negligently misrepresent the availability of in-network lactation assistance providers sufficiently invokes federal law to warrant preemption, a federal judge in New York held Sept. 22 (Jacqueline Wyka Mahajan, et al. v. Blue Cross Blue Shield Association, No. 16-6944, S.D. N.Y., 2017 U.S. Dist. LEXIS 155365).
BOSTON - A Massachusetts federal judge on Sept. 25 denied a motion to strike the representative in a class suit against Bank of New York Mellon, National Association (BNY Mellon), over the bank's management of trusts, finding that the representative had adequate knowledge of the case and had not, as the bank alleged, ceded control of the case to an unfit attorney (Ashby Henderson, et al. v. The Bank of New York Mellon, National Association, No. 15-10599, D. Mass., 2017 U.S. Dist. LEXIS 156021).
NEW YORK - An employer's operations in New York make jurisdiction there proper, and an amended complaint naming it as a defendant was timely filed, a federal judge held Sept. 20 (Kelan Unterberg v. ExxonMobil Oil Corp., et al., No. 14-10025, S.D. N.Y.; 2016 U.S. Dist. LEXIS 118586).