LexisNexis® Legal Newsroom
Mealey's IP/Tech - Default Judgment, Injunction Entered Against Defendants In Kanye West Bitcoin Case

NEW YORK - Nine nonresponsive defendants responsible for issuing "Coinye West" and similarly named bitcoins were hit with default judgments and permanent injunctions on Aug. 20 by a New York federal judge who granted judgment to musician Kanye West in his trademark infringement claims against the defendants (Kanye West, et al. v. David P. McEnery Jr., et al., No. 1:14-c-00250, S.D. N.Y.).

Mealey's PI/Product Liability - 156 Plaintiffs May File Complaint Over Injuries Predating GM Sale, MDL Judge Rules

NEW YORK - A group of 156 plaintiffs may file an omnibus complaint in the U.S. District Court for the Southern District of New York against General Motions LLC for deaths and injuries that occurred prior to the sale of General Motors Corp., the judge overseeing the GM ignition-switch multidistrict litigation ruled Aug. 19 (In re General Motors LLC Ignition Switch Litigation, No. 14-MD-2543 [JMF]; Pamela Edwards, et al. v. General Motors LLC, S.D. N.Y.).

Mealey's PI/Product Liability - California DA Seeks Relief From Stay In GM Bankruptcy To Oppose Suit's Removal

NEW YORK - Orange County, Calif., District Attorney Tony Rackauckas asked the U.S. Bankruptcy Court for the Southern District of New York on Aug. 19 for limited relief from the automatic stay in the General Motors Corp. bankruptcy proceedings to allow him to seek remand of his California suit against the automaker to state court (In re: Chapter 11 Motors Liquidation Co., et al., f/k/a General Motors Corp., et al., No. 09-50026, S.D. N.Y. Bkcy.).

Mealey's Labor & Employment - New York Federal Judge's Ruling Leaves 3 Claims In Health Care Payment Suit

NEW YORK - A New York federal judge on Aug. 15 dismissed claims against one health insurer in a reimbursement dispute and partially dismissed claims against another group of insurers, leaving two claims brought pursuant to the Employee Retirement Act and one state law claim for prompt-payment violations (MBody Minimally Invasive Surgery, et al. v. Empire Healthchoice HMO Inc., et al., No. 13-6551, S.D. N.Y.; 2014 U.S. Dist. LEXIS 114012).

Mealey's Insurance - New York Federal Judge's Ruling Leaves 3 Claims In Health Care Payment Suit

NEW YORK - A New York federal judge on Aug. 15 dismissed claims against one health insurer in a reimbursement dispute and partially dismissed claims against another group of insurers, leaving two claims brought pursuant to the Employee Retirement Act and one state law claim for prompt-payment violations (MBody Minimally Invasive Surgery, et al. v. Empire Healthchoice HMO Inc., et al., No. 13-6551, S.D. N.Y.; 2014 U.S. Dist. LEXIS 114012).

Mealey's Securities/D&O Liability - Judge Certifies Securities Class Action Against Chinese Media Company

NEW YORK - A group of plaintiffs alleging securities fraud by a Chinese television advertising firm have met the class certification requirements of Federal Rule of Civil Procedure 23, a New York federal judge found Aug. 15, granting a motion to certify the proposed class and denying a defendant's motion to strike the testimony of the plaintiffs' proffered market efficiency expert (Daniel McIntire, et al. v. China MediaExpress Holdings Inc., et al.; In Re China MediaExpress Holdings Inc. Shareholder Litigation, No. 1:11-cv-00804, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113446).

Mealey's Labor & Employment - New York Federal Judge Narrows Claims In Employees' Gender Bias Suit

NEW YORK - A New York federal judge on Aug. 14 narrowed the claims and definition of the class in a complaint filed by 11 current and former employees of a pharmaceutical company who allege gender discrimination (Megan Barrett, et al. v. Forest Laboratories, Inc., et al., No. 12-5224, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113289).

Mealey's Litigation Procedure - Owner, Management Firm Remove Luxury Hotel Dispute To Federal Court

NEW YORK - A Dubai management company and Delaware resort corporation on Aug. 14 filed a notice of removal pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, seeking to remove a hotel owner's case to appoint an arbitrator to a New York federal court (Hamilton Properties Limited v. FHR Gulf Management FZ LLC, et al., No. 14-6507, S.D. N.Y.).

Mealey's Health Law - New York Federal Judge's Ruling Leaves 3 Claims In Health Care Payment Suit

NEW YORK - A New York federal judge on Aug. 15 dismissed claims against one health insurer in a reimbursement dispute and partially dismissed claims against another group of insurers, leaving two claims brought pursuant to the Employee Retirement Act and one state law claim for prompt-payment violations (MBody Minimally Invasive Surgery, et al. v. Empire Healthchoice HMO Inc., et al., No. 13-6551, S.D. N.Y.; 2014 U.S. Dist. LEXIS 114012).

Mealey's Litigation Procedure - Judge Certifies Securities Class Action Against Chinese Media Company

NEW YORK - A group of plaintiffs alleging securities fraud by a Chinese television advertising firm have met the class certification requirements of Federal Rule of Civil Procedure 23, a New York federal judge found Aug. 15, granting a motion to certify the proposed class and denying a defendant's motion to strike the testimony of the plaintiffs' proffered market efficiency expert (Daniel McIntire, et al. v. China MediaExpress Holdings Inc., et al.; In Re China MediaExpress Holdings Inc. Shareholder Litigation, No. 1:11-cv-00804, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113446).

Mealey's Litigation Procedure - New York Federal Judge Narrows Claims In Employees' Gender Bias Suit

NEW YORK - A New York federal judge on Aug. 14 narrowed the claims and definition of the class in a complaint filed by 11 current and former employees of a pharmaceutical company who allege gender discrimination (Megan Barrett, et al. v. Forest Laboratories, Inc., et al., No. 12-5224, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113289).

Mealey's PI/Product Liability - Ignition Switch MDL Judge Appoints Plaintiffs' Counsel, Orders Draft Complaint

NEW YORK - The judge overseeing the General Motors (GM) ignition-switch multidistrict litigation in the U.S. District Court for the Southern District of New York entered an order Aug. 15 appointing lead counsel for plaintiffs, setting a process for reviewing cases filed directly in his court and ordering the drafting of a consolidated complaint for claims alleging economic loss (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).

Mealey's Banking & Finance - New York Federal Judge: Judgment Offer Does Not Moot Debt Collection Class Claims

NEW YORK - A debt collector's offer of judgment does not moot Fair Debt Collection Practices Act (FDCPA) class claims brought by a New York woman because the plaintiff had already requested permission to move for class certification, a New York federal judge ruled Aug. 13 (Angelique Tocco v. Real Time Resolutions, Inc., No. 14-810, S.D. N.Y.; 2014 U.S. Dist. LEXIS 112492).

Mealey's Insurance - New York Federal Judge: Reinsurer's Maximum Liability Is Capped Under Certificates

NEW YORK - A New York federal judge on Aug. 15 granted a reinsurer's motion for partial summary judgment after determining that the reinsurance certificates at issue clearly cap the reinsurer's maximum liability to the reinsured (Global Reinsurance Corporation of America v. Century Indemnity Company, No. 13-cv-06577, S.D. N.Y.; 2014 U.S. Dist. LEXIS 113793).

Mealey's Litigation Procedure - New York Federal Judge: Judgment Offer Does Not Moot Debt Collection Class Claims

NEW YORK - A debt collector's offer of judgment does not moot Fair Debt Collection Practices Act (FDCPA) class claims brought by a New York woman because the plaintiff had already requested permission to move for class certification, a New York federal judge ruled Aug. 13 (Angelique Tocco v. Real Time Resolutions, Inc., No. 14-810, S.D. N.Y.; 2014 U.S. Dist. LEXIS 112492).

Mealey's PI/Product Liability - New York Justice Finds Personal Jurisdiction Over Company Registered In State

NEW YORK - Although the U.S. Supreme Court recently narrowed rules governing general jurisdiction, New York can still exercise personal jurisdiction over corporations registered to do business in the state, a justice held in an opinion posted Aug. 12 (Eddie Howard Bailen and Rena Norene Ash Bailen v. Air & Liquid Systems Corp. et al., No. 190318/12, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - New York Justice Finds Personal Jurisdiction Over Company Registered In State

NEW YORK - Although the U.S. Supreme Court recently narrowed rules governing general jurisdiction, New York can still exercise personal jurisdiction over corporations registered to do business in the state, a justice held in an opinion posted Aug. 12 (Eddie Howard Bailen and Rena Norene Ash Bailen v. Air & Liquid Systems Corp. et al., No. 190318/12, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - Justice Finds Questions Remain Regarding Asbestos-Containing Boilers At Prison

NEW YORK - Hundreds of pages of certified records detailing more than 300 boilers installed at a correctional facility still leave open the question of whether a defendant's asbestos-containing boiler was present, a New York justice held in an opinion posted Aug. 11 (Angel Lamberty and Carmen Lamberty v. A.O. Smith Water Products Co., et al., No. 100988/04, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - Justice Finds Questions Remain Regarding Asbestos-Containing Boilers At Prison

NEW YORK - Hundreds of pages of certified records detailing more than 300 boilers installed at a correctional facility still leave open the question of whether a defendant's asbestos-containing boiler was present, a New York justice held in an opinion posted Aug. 11 (Angel Lamberty and Carmen Lamberty v. A.O. Smith Water Products Co., et al., No. 100988/04, N.Y. Sup., New York Co.).

Mealey's Bankruptcy - Liquidator Of Insolvent Insurer Has Asked To Close Liquidation Proceeding

NEW YORK - The liquidator of Capital Mutual Insurance Co. (CMIC) issued a notice in a New York state court on Aug. 12 regarding his request to close the insolvent insurer's liquidation proceeding (In the Matter of the Liquidation of Capital Mutual Insurance Company, No. 402044/00, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Antitrust Suit Against MLB, NHL, Distributors Over Showing Of Games Continues

NEW YORK - Consolidated putative antitrust class actions related to live-game video offerings against Major League Baseball (MLB) and the National Hockey League (NHL) and their member clubs and against multichannel video programming distributors (MVPDs) Comcast and DirecTV and their affiliated regional sports networks (RSNs) that televise the games will continue, a federal judge in New York ruled Aug. 8 in denying the defendants' motions for summary judgment (Thomas Laumann, et al. v. National Hockey League, et al., No. 12-cv-1817, S.D. N.Y.; Marc Lerner, et al. v. Office of the Commissioner of Baseball, et al., No. 12-cv-3704, S.D.N.Y.; 2014 U.S. Dist. LEXIS 109951).

Mealey's Antitrust/Unfair Competition - Antitrust Suit Against MLB, NHL, Distributors Over Showing Of Games Continues

NEW YORK - Consolidated putative antitrust class actions related to live-game video offerings against Major League Baseball (MLB) and the National Hockey League (NHL) and their member clubs and against multichannel video programming distributors (MVPDs) Comcast and DirecTV and their affiliated regional sports networks (RSNs) that televise the games will continue, a federal judge in New York ruled Aug. 8 in denying the defendants' motions for summary judgment (Thomas Laumann, et al. v. National Hockey League, et al., No. 12-cv-1817; Marc Lerner, et al. v. Office of the Commissioner of Baseball, et al., No. 12-cv-3704, S.D. N.Y.; 2014 U.S. Dist. LEXIS 109951).

Mealey's Insurance - Liquidator Of Insolvent Insurer Has Asked To Close Liquidation Proceeding

NEW YORK - The liquidator of Capital Mutual Insurance Co. (CMIC) issued a notice in a New York state court on Aug. 12 regarding his request to close the insolvent insurer's liquidation proceeding (In the Matter of the Liquidation of Capital Mutual Insurance Company, No. 402044/00, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Reinsurer Wants To See Policies Issued To Companies Like Policy In Dispute

SYRACUSE, N.Y. - A reinsurer on Aug. 11 asked a federal court in New York to order an insurer to produce insurance policies that it had issued to pump manufacturers in the late 1970s and early 1980s (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 13-cv-01178, N.D. N.Y.).

Mealey's Litigation Procedure - N.Y. MDL Plaintiffs, GM Agree To Cap Number Of Ignition Parts To Be Preserved

NEW YORK - The judge overseeing the ignition-switch multidistrict litigation in the U.S. District Court for the Southern District of New York on Aug. 11 approved an agreed order submitted by General Motors LLC (GM) and temporary lead counsel for the plaintiffs capping the number of ignition-switch parts GM must preserve at 403,525 (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-02543-JMF, S.D. N.Y.).