LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 2nd Circuit Upholds Partial Class Cert In Assistant Managers' Wage Suit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 10 affirmed partial certification of a class of assistant store managers (ASMs) who claim that they are owed overtime (Mani Jacob, et al. v. Duane Reade, Inc., et al., No. 13-3873, 2nd Cir.; 2015 U.S. App. LEXIS 2040).

Mealey's Litigation Procedure - Federal Judge Refuses To Exclude Testimony Of FHFA's Expert

NEW YORK - After finding that testimony on pre-closing loan tape discrepancies was relevant to the claims asserted by the Federal Housing Finance Agency (FHFA) against numerous entities, a New York federal judge on Feb. 12 refused to exclude the testimony of the FHFA's expert witness (Federal Housing Finance Agency v. Nomura Holding America Inc., et al., No. 11cv6201, S.D. N.Y.; 2015 U.S. Dist. LEXIS 17447).

Mealey's Litigation Procedure - 2nd Circuit Upholds Partial Class Cert In Assistant Managers' Wage Suit

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Feb. 10 affirmed partial certification of a class of assistant store managers (ASMs) who claim that they are owed overtime (Mani Jacob, et al. v. Duane Reade, Inc., et al., No. 13-3873, 2nd Cir.; 2015 U.S. App. LEXIS 2040).

Mealey's Banking & Finance - Federal Judge Refuses To Exclude Testimony Of FHFA's Expert

NEW YORK - After finding that testimony on pre-closing loan tape discrepancies was relevant to the claims asserted by the Federal Housing Finance Agency (FHFA) against numerous entities, a New York federal judge on Feb. 12 refused to exclude the testimony of the FHFA's expert witness (Federal Housing Finance Agency v. Nomura Holding America Inc., et al., No. 11cv6201, S.D. N.Y.; 2015 U.S. Dist. LEXIS 17447).

Mealey's Labor & Employment - New York Court Affirms Award Of Compensation For Teacher's Mold Exposure

ALBANY, N.Y. - A New York appeals court on Feb. 11 affirmed a board's decision to award a teacher compensation benefits, finding that she provided sufficient evidence to show that she suffered injuries caused by mold exposure at work (Michelle Cappelletti v. Marcellus Central School District, et al., No. 518495, N.Y. Sup., App. Div.; 3rd Dept.).

Mealey's PI/Product Liability - New York Justice Denies Pump Maker's Challenge To Insulation Exposure Claims

NEW YORK - A pump maker presents no evidence that anything but asbestos was available to insulate its boilers, and its protests to the contrary are mostly irrelevant, a New York justice held in an opinion posted Feb. 10 (Bryan Hockler v. 3M Co., et al., No. 190235/13, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - $190M Asbestos Award Must Be Reduced To $30M Or Retried, New York Justice Says

NEW YORK - The evidence largely supports a jury's asbestos verdict, but the five plaintiffs originally awarded a record-setting $190 million verdict must stipulate to just under $30 million in damages or face a new trial on the issue, according to documents filed Feb. 9 in a New York court (Santo Assenzio v. A.O. Smith Water Products, Robert Brunck v A.O. Smith Water Products, Paul Levy v. A.O. Smith Water Products, Cesar Serna v A.O. Smith Water Products, Raymond Vincent v. A.O. Smith Water Products, Nos. 190008/12, 190026/12, 190200/12, 190183/12, 190184/12, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - $190M Asbestos Award Must Be Reduced To $30M Or Retried, New York Justice Says

NEW YORK - The evidence largely supports a jury's asbestos verdict, but the five plaintiffs originally awarded a record-setting $190 million verdict must stipulate to just under $30 million in damages or face a new trial on the issue, according to documents filed Feb. 9 in a New York court (Santo Assenzio v. A.O. Smith Water Products, Robert Brunck v A.O. Smith Water Products, Paul Levy v. A.O. Smith Water Products, Cesar Serna v A.O. Smith Water Products, Raymond Vincent v. A.O. Smith Water Products, Nos. 190008/12, 190026/12, 190200/12, 190183/12, 190184/12, N.Y. Sup., New York Co.).

Mealey's Labor & Employment - $190M Asbestos Award Must Be Reduced To $30M Or Retried, New York Justice Says

NEW YORK - The evidence largely supports a jury's asbestos verdict, but the five plaintiffs originally awarded a record-setting $190 million verdict must stipulate to just under $30 million in damages or face a new trial on the issue, according to documents filed Feb. 9 in a New York court (Santo Assenzio v. A.O. Smith Water Products, Robert Brunck v A.O. Smith Water Products, Paul Levy v. A.O. Smith Water Products, Cesar Serna v A.O. Smith Water Products, Raymond Vincent v. A.O. Smith Water Products, Nos. 190008/12, 190026/12, 190200/12, 190183/12, 190184/12, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - New York Court Affirms Award Of Compensation For Teacher's Mold Exposure

ALBANY, N.Y. - A New York appeals court on Feb. 11 affirmed a board's decision to award a teacher compensation benefits, finding that she provided sufficient evidence to show that she suffered injuries caused by mold exposure at work (Michelle Cappelletti v. Marcellus Central School District, et al., No. 518495, N.Y. Sup., App. Div.; 3rd Dept.).

Mealey's Insurance - N.Y. Judge Says Reinsurance Late Notice Issues Should Be Heard At Trial

SYRACUSE, N.Y. - A federal judge in New York on Feb. 9 denied an insurer's motions for partial summary judgment on a reinsurer's counterclaims for late notice and bad faith notice, holding that genuine issues of material fact exist on those issues that should be heard at trial (Utica Mutual Insurance Company v. Fireman's Fund Insurance Company, No. 09-cv-00853, N.D. N.Y.).

Mealey's Toxic Tort/Environmental - Judge: Oil Company's Successor Not Entitled To Dismissal Of MTBE Claims

NEW YORK - The federal judge in New York presiding over the multidistrict litigation pertaining to groundwater contamination claims involving methyl tertiary butyl ether (MTBE) in the Commonwealth of Puerto Rico on Feb. 10 denied a motion to dismiss filed by the successor to Shell Oil Co., concluding that no legal theory supports its motion (In Re: Methyl Tertiary Butyl Ether [MTBE] Products Liability Litigation [Commonwealth of Puerto Rico v. Shell Oil Co.], No. 07-10470, MDL 1358, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - New York Justice Denies Pump Maker's Challenge To Insulation Exposure Claims

NEW YORK - A pump maker presents no evidence that anything but asbestos was available to insulate its boilers, and its protests to the contrary are mostly irrelevant, a New York justice held in an opinion posted Feb. 10 (Bryan Hockler v. 3M Co., et al., No. 190235/13, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - $190M Asbestos Award Must Be Reduced To $30M Or Retried, New York Justice Says

NEW YORK - The evidence largely supports a jury's asbestos verdict, but the five plaintiffs originally awarded a record-setting $190 million verdict must stipulate to just under $30 million in damages or face a new trial on the issue, according to documents filed Feb. 9 in a New York court (Santo Assenzio v. A.O. Smith Water Products, Robert Brunck v A.O. Smith Water Products, Paul Levy v. A.O. Smith Water Products, Cesar Serna v A.O. Smith Water Products, Raymond Vincent v. A.O. Smith Water Products, Nos. 190008/12, 190026/12, 190200/12, 190183/12, 190184/12, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - New York State Jury Awards $10.55M In Asbestos-Talc Case

SCHENECTADY, N.Y. - A New York jury on Feb. 10 awarded a man $10.55 million for asbestos exposure he suffered while working with R.T. Vanderbilt Co. Inc. talc at a summer job he took during high school, sources told Mealey's Publications (Katherine Chisholm, et al. v. R.T. Vanderbilt Co. Inc., et al., No. 2012-1056, N.Y. Sup., Schenectady Co.).

Mealey's IP/Tech - Federal Circuit Reverses Patent Exhaustion Holding

WASHINGTON, D.C. - An Illinois federal judge's holding that several defendants are entitled to summary judgment under the doctrine of patent exhaustion was reversed Feb. 10 by the Federal Circuit U.S. Court of Appeals (Helferich Patent Licensing LLC v. New York Times Co. et al., Nos. 2014-1196, -1197, -1198, -1199, -1200, Fed. Cir.; 2015 U.S. App. LEXIS 2047).

Mealey's Toxic Tort/Environmental - New York State Jury Awards $10.55M In Asbestos-Talc Case

SCHENECTADY, N.Y. - A New York jury on Feb. 10 awarded a man $10.55 million for asbestos exposure he suffered while working with R.T. Vanderbilt Co. Inc. talc at a summer job he took during high school, sources told Mealey's Publications (Katherine Chisholm, et al. v. R.T. Vanderbilt Co. Inc., et al., No. 2012-1056, N.Y. Sup., Schenectady Co.).

Mealey's PI/Product Liability - New York Justice Finds Executive's Testimony Lacks Documentary Support

NEW YORK - An executive's testimony regarding company asbestos practices before his arrival is conclusory absent the documents on which he claims he relied, a New York justice held in an opinion posted Feb. 6 (Madeline E. Izbicki, et al. v. Advance Auto Supply, No. 190140/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 281).

Mealey's Toxic Tort/Environmental - New York Justice Finds Executive's Testimony Lacks Documentary Support

NEW YORK - An executive's testimony regarding company asbestos practices before his arrival is conclusory absent the documents on which he claims he relied, a New York justice held in an opinion posted Feb. 6 (Madeline E. Izbicki, et al. v. Advance Auto Supply, No. 190140/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 281).

Mealey's Bankruptcy - 2nd Circuit: Bankruptcy Court Cannot Award Compensation From Plan Assets

NEW YORK - Bankruptcy courts do not have jurisdiction to award compensation to a Chapter 7 bankruptcy attorney and his retained legal accounting professionals out of assets in a 401(k) plan governed by the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals affirmed Feb. 5 (In the Matter of: Robert Plan Corporation [Kenneth Kirschenbaum v. United States Department of Labor], No. 14-1144, 2nd Cir.; 2014 U.S. App. LEXIS 1807).

Mealey's PI/Product Liability - New York Appeals Court Affirms Denial Of Judgment In Company-Successor Case

NEW YORK - Sufficient evidence exists of a company's predecessors utilizing asbestos-containing products at the World Trade Center (WTC) during a man's time there, a New York appeals court held Feb. 5 (James Augustus Proctor and Joy C. Proctor v. Alcoa Inc., et al., No. 14153 190040/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 938).

Mealey's Labor & Employment - New York Appeals Court Affirms Denial Of Judgment In Company-Successor Case

NEW YORK - Sufficient evidence exists of a company's predecessors utilizing asbestos-containing products at the World Trade Center (WTC) during a man's time there, a New York appeals court held Feb. 5 (James Augustus Proctor and Joy C. Proctor v. Alcoa Inc., et al., No. 14153 190040/13, N.Y. Sup., App. Div., 1st Dept.; 2015 N.Y. App. Div. LEXIS 938).

Mealey's Toxic Tort/Environmental - New York Group: Dumping Of Fracking Waste From Other States Should Be Banned

ALBANY, N.Y. - A report issued Feb. 5 by an environmental group contends that despite a fracking ban in the State of New York, more than 460,000 tons of radioactive fracking waste has been dumped in the state because the governor has allowed fracking companies to dump their waste in New York.

Mealey's Toxic Tort/Environmental - Judge: No Precedent Supports Reversing Ruling Finding Contribution Claim Timely

NEW YORK - A federal judge in New York on Feb. 5 denied Consolidate Edison Company of New York Inc.'s motion to reconsider a ruling finding that some plaintiff companies can pursue contribution claims against the defendant under Comprehensive Environmental Response, Compensation, and Liability Act Section 113(f), holding that Consolidated Edison provided no precedent to support its argument that the plaintiff companies' application to enter into a Brownfield Cleanup Agreement (BCA) with the New York Department of Environmental Conservation (DEC) did not trigger the statute of limitations (HLP Properties LLC v. Consolidated Edison Company of New York Inc., No. 14 Civ. 01383, S.D. N.Y.; 2015 U.S. Dist. LEXIS 14677).

Mealey's PI/Product Liability - MDL Judge Sets Parameters For Ignition-Switch Bellwether Trials In New York Court

NEW YORK - The federal judge overseeing the General Motors LLC ignition-switch cases issued an order on Feb. 6 setting the parameters for the bellwether trial plan in the multidistrict litigation (In re: General Motors LLC Ignition Switch Litigation, No. 14-md-2543, S.D. N.Y.).