LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Says Motion To Disqualify Counsel Was A Waste Of Time

NEW YORK - A federal judge in New York on Oct. 3 denied two alleged judgment creditors' motion to disqualify opposing counsel in a case where the alleged judgment creditors are asking the court to order payment of the confirmation of a reinsurance arbitration award (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.).

Mealey's IP/Tech - Federal Circuit: Form 18 Inapplicable To Claims Of Joint Patent Infringement

WASHINGTON, D.C. - A New York federal judge's decision to dismiss allegations of patent infringement levied against CBS Corp. and CBS Interactive Inc. was affirmed Sept. 30 by the Federal Circuit U.S. Court of Appeals, which ruled that Form 18 in the Appendix to the Federal Rules of Civil Procedure does not apply in cases alleging joint patent infringement (Edwin Lyda v. CBS Corporation, et al., No. 15-1923, Fed. Cir.; 2016 U.S. App. LEXIS 17694).

Mealey's Antitrust/Unfair Competition - 2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion

NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).

Mealey's Litigation Procedure - 2 Claims Alleging Deceptive Labeling Of Fage Greek Yogurt Survive Dismissal Motion

NEW YORK - A New York federal judge on Sept. 28 allowed two claims alleging deceptive labeling on one line of Fage Greek yogurt under California Business and Professions Code Section 17200, et seq., and the California Consumers Legal Remedies Act (CLRA) to survive a motion to dismiss (Allan Chang, et al. v. Fage USA Dairy Industry, Inc., No. 14-3826, E.D. N.Y.; 2016 U.S. Dist. LEXIS 133571).

Mealey's Litigation Procedure - Judge: Psychiatrist Allowed To Opine On Causation For Athlete's Eating Disorder

WHITE PLAINS, N.Y. - A psychiatrist may opine on the cause and exacerbation of a young female tennis player's bulimia while she was participating in a residential program, a New York federal judge ruled Sept. 28, declining to grant summary judgment on causation (Natalie O'Loughlin and Julia O'Loughlin v. USTA Player Development Inc., et al., No. 14-2194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 133586).

Mealey's Insurance - Reinsurer Challenges Lack Of Specifics In Complaint Filed By Insolvent Reinsured

NEW YORK - A reinsurer told a federal court in New York on Sept. 28 that it is contemplating moving for dismissal of a complaint that it describes as "a bare notice pleading" (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., No. 16-cv-04874, S.D. N.Y.).

Mealey's Litigation Procedure - Conde Nast's Dismissal Motion Fails In Class Suit Over Disclosing Customers' Info

NEW YORK - A New York federal judge on Sept. 28 denied a magazine publisher's attempt to dismiss a class complaint accusing it of violating the privacy rights of Michigan subscribers by selling their personal information to third parties (Suzanne Boelter, et al. v. Advance Magazine Publishers Inc., d/b/a/ Conde Nast, No. 15-5671, S.D. N.Y.; 2016 U.S. Dist. LEXIS 134484).

Mealey's PI/Product Liability - 2nd Circuit Dismisses Appeals From Former Professional Wrestlers

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 27 dismissed two appeals brought by two groups of former professional wrestlers who argued that their claims that World Wrestling Entertainment Inc. (WWE) hid the dangers of brain injuries from the wrestlers were improperly dismissed by the lower court because there is nothing in the wrestlers' appellate briefs that "overcomes the strong presumption that the judgment is not appealable" (Russ McCullough, et al. v. World Wrestling Entertainment Inc., No. 16-1231, 2nd Cir.; 2016 U.S. App. LEXIS 17519).

Mealey's Insurance - Magistrate Recommends Summary Judgment In Insurer's Favor In Superstorm Sandy Suit

BROOKLYN, N.Y. - Concluding that the owner of a Brooklyn shopping center failed to file a timely proof of Superstorm Sandy loss, a New York federal magistrate judge on Sept. 28 recommended that the insurer's motion for summary judgment be granted in a coverage dispute arising from the storm (2027, LLC v. Aspen American Insurance Co., No. 14-6751, E.D. N.Y.; 2015 U.S. Dist. LEXIS 181604).

Mealey's Litigation Procedure - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Antitrust/Unfair Competition - Federal Class Actions Filed In Wake Of Yahoo Data Breach Announcement

SAN JOSE, Calif. - With the filing of a New York man's Sept. 24 complaint against Yahoo! Inc. in California federal court, at least five class action lawsuits have been filed against the Internet giant in the week since it announced a data breach affecting 500 million accounts (Edward McMahon v. Yahoo! Inc., No. 5:16-cv-05466, N.D. Calif.).

Mealey's PI/Product Liability - Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case

NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of America, No. 14-3525, S.D. N.Y.; 2016 U.S. Dist. LEXIS 131563).

Mealey's Labor & Employment - New York Federal Judge Consolidates 3 Wage Suits Against Italian Restaurant

NEW YORK - A New York federal judge on Sept. 23 agreed to consolidate three wage-and-hour suits filed against a New York City Italian restaurant, granted the plaintiffs' motion for class certification and agreed to toll the claims of absent class members (Raul Pichardo, et al. v. Carmine's Broadway Feast Inc., et al., Nos. 15-3312, 15-4046, 15-4049, S.D. N.Y.; 2016 U.S. Dist. LEXIS 130658).

Mealey's Litigation Procedure - New York Federal Judge Consolidates 3 Wage Suits Against Italian Restaurant

NEW YORK - A New York federal judge on Sept. 23 agreed to consolidate three wage-and-hour suits filed against a New York City Italian restaurant, granted the plaintiffs' motion for class certification and agreed to toll the claims of absent class members (Raul Pichardo, et al. v. Carmine's Broadway Feast Inc., et al., Nos. 15-3312, 15-4046, 15-4049, S.D. N.Y.; 2016 U.S. Dist. LEXIS 130658).

Mealey's Toxic Tort/Environmental - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Litigation Procedure - Judge: Surgeon's Opinion On Procedure Creates Genuine Issue In Medical Malpractice Case

NEW YORK - A urological surgeon may testify on the performance of a ureteroscopy procedure and its expected risks and outcomes, a New York federal judge ruled Sept. 26, finding that this testimony creates a genuine issue of dispute concerning a medical malpractice claim (John Bosco v. United States of America, No. 14-3525, S.D. N.Y.; 2016 U.S. Dist. LEXIS 131563).

Mealey's Litigation Procedure - Federal Class Actions Filed In Wake Of Yahoo Data Breach Announcement

SAN JOSE, Calif. - With the filing of a New York man's Sept. 24 complaint against Yahoo! Inc. in California federal court, at least five class action lawsuits have been filed against the Internet giant in the week since it announced a data breach affecting 500 million accounts (Edward McMahon v. Yahoo! Inc., No. 5:16-cv-05466, N.D. Calif.).

Mealey's Insurance - Assignee Tells Court It Is Appealing Denial Of Motion To Amend Complaint

NEW YORK - The assignee of certain reinsurance recoverables of an insolvent insurer told a federal court in Illinois on Sept. 22 that it is appealing to the Seventh Circuit U.S. Court of Appeals the court's holding that the assignee had not shown that leave to amend its complaint should be granted after a motion for summary judgment had been decided (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.).

Mealey's Insurance - New York Federal Judge Denies Motion For Interlocutory Appeal In Asbestos Dispute

NEW YORK - A New York federal judge on Sept. 22 denied an insurer's motion for interlocutory appeal on the issue of allocation in an asbestos coverage case after determining that an appeal would serve only to delay and not advance the case (Liberty Mutual Insurance Co. v. The Fairbanks Co., Nos. 13-3755, 15-1141, S.D. N.Y.).

Mealey's Litigation Procedure - Magistrate Judge Excludes Gastroenterologist's Opinion On Psychiatric Standard Of Care

NEW YORK - A gastroenterologist may testify regarding an incarcerated woman's standard of care to support negligence and medical malpractice claims, a New York federal magistrate judge ruled Sept. 21; however, the gastroenterologist may not testify as to the standard of psychiatric care or postoperative wound care (Lana Stelman v. United States of America, No. 14-05363, S.D. N.Y.; 2016 U.S. Dist. LEXIS 129420).

Mealey's Litigation Procedure - ICC Amends Practice Note On Conduct Of International Arbitration

NEW YORK - The International Chamber of Commerce (ICC) on Sept. 22 said it has amended its practice note provided to parties and arbitral tribunals on the conduct of arbitration.

Mealey's Litigation Procedure - Mexico Requests Leave To Participate In Rehearing Of $400M Confirmation Case

NEW YORK - The government of the United Mexican States on Sept. 21 moved for leave to file an amicus curiae brief in support of an exploration company's petition for rehearing in a case in which the Second Circuit U.S. Court of Appeals recently confirmed a $400 million award against it (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y, No. 13-4022, 2nd Cir.).

Mealey's Insurance - Reinsurer Counters Motion To Vacate Arbitration Award

NEW YORK - A reinsurer told a federal court in New York on Sept. 22 that an arbitration award should be confirmed because a reinsured has not shown that an arbitration umpire was biased (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.).

Mealey's Litigation Procedure - Reinsurer Says Magistrate Judge's Discovery Orders Are Fundamentally Unfair

SYRACUSE, N.Y. - A reinsurer in a Sept. 19 brief asks a federal court in New York to reconsider its discovery rulings that the reinsurer says require it to produce reserve information while not requiring its reinsured to produce the same category of documentation (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).

Mealey's Insurance - Reinsurer Says Magistrate Judge's Discovery Orders Are Fundamentally Unfair

SYRACUSE, N.Y. - A reinsurer in a Sept. 19 brief asks a federal court in New York to reconsider its discovery rulings that the reinsurer says require it to produce reserve information while not requiring its reinsured to produce the same category of documentation (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).