WHITE PLAINS, N.Y. - A plaintiff who lost an unintended acceleration suit in 2011 should not be allowed a "do over" by asserting a different product defect theory in a new complaint stemming from the same accident, Toyota Motor Sales USA Inc. argues in a motion to dismiss April 10 (Amir Sitafalwalla v. Toyota Motor Sales USA Inc., et al., No. 15-807, E.D. N.Y.).
NEW YORK - A New York federal judge on April 14 adopted a federal magistrate's recommendation that an insurer pay its insureds almost $9 million for attorney fees incurred as a result of the insurer's breach of its duty to defend the insureds against underlying asbestos and silica claims (Danaher Corp. v. Travelers Indemnity Co., et al., No. 10-0121, S.D. N.Y.; 2015 U.S. Dist. LEXIS 48769).
NEW YORK - Evidence that all Iowa-class ships contained a company's products in 1982 is not sufficient to establish a man's exposure to asbestos in the 1940s, a New York justice held in an opinion posted April 13 (John Pendolino and Nancy Pendolino v. Air & Liquid Systems Corp., et al., No. 190320/13, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1130).
NEW YORK - The U.S. Supreme Court's ruling in Halliburton v. Erica P. John Fund (134 S. Ct. 2398 ) had little effect on securities class action litigation in 2014 "in terms of number and types of cases being filed," according to a report released on April 10 by PricewaterhouseCoopers LLP.
NEW YORK - A New York justice on April 13 rejected expert causation testimony and set aside an $11 million friction-products asbestos verdict against Ford Motor Co., finding the "every exposure" theory incompatible with science and state law (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water Products Co., et al., No. 190315/12, N.Y. Sup., New York Co.).
PHILADELPHIA - The Pennsylvania federal judge overseeing the Avandia multidistrict litigation on April 10 said claims that a patient's heart injuries were caused by the diabetes drug are barred by the applicable New York statutes of limitations (In Re: Avandia Marketing, Sales Practices and Products Liability Litigation, MDL Docket No. 1871, No. 07-md-1871, Yheison Bautista, et al. v. GlaxoSmithKline LLC, No. 13-5125, E.D. Pa.; 2015 U.S. Dist. LEXIS 47934).
SYRACUSE, N.Y. - A reinsurer told a federal court in New York on April 9 that the information at issue in its reinsured's motion for reconsideration of a discovery order is needed to understand the reinsured's financial interest in the underlying dispute (Utica Mutual Insurance Company v. Century Indemnity Company, No. 13-cv-00995, N.D. N.Y.).
CENTRAL ISLIP. N.Y. - A New York federal judge on April 8 denied a series of motions to exclude expert testimony brought by both parties in a patent suit related to application performance monitoring (APM) software, finding that neither side sufficiently challenged the qualifications or methodologies of its opponent's experts (CA Inc. v. AppDynamics Inc., No. 2:13-cv-02111, E.D. N.Y.; 2015 U.S. Dist. LEXIS 45901).
NEW YORK - Former New York Speaker Sheldon Silver lost his bid to have the government's fraud and conspiracy case against him dismissed April 10, but the federal judge criticized the prosecutor's "brinkmanship," saying it strayed so close to the edge of ethical rules that it risked falling over the edge into prejudice (United States of America v. Sheldon Silver, No. 15-93, S.D. N.Y.; 2015 U.S. Dist. LEXIS 47194).
NEW YORK - A New York appeals panel on April 7 found that a lawyers professional liability insurance policy's "insured's status" and "business enterprise" exclusions bar coverage for certain transactions between the attorney insureds and their client because the transactions were hybrid malpractice claims that arose from the legal services that the attorneys provided her but also from one attorney's status or activity for his company (Lee & Amtzis LLP, et al. v. American Guarantee and Liability Insurance Co., et al., No. 653050/11, 13711, N.Y. Sup., App. Div.; 1st Dept.; 2015 N.Y. App. Div. LEXIS 2880).
WASHINGTON, D.C. - A portion of a New York federal judge's $76 million award was reversed and remanded for recalculation on April 7 by the Federal Circuit U.S. Court of Appeals (Astrazeneca AB v. Apotex Corp., No. 14-1221, Fed. Cir.).
BOSTON - An insurance agent whose contract was terminated following repeated violations of company policies failed to prove both that he was an employee rather an independent contractor and that he was actually targeted due to his age, the First Circuit U.S. Court of Appeals ruled April 6, upholding a trial court's decision (Peter Santangelo v. New York Life Insurance Company, No. 14-1912, 1st Cir.; 2015 U.S. App. LEXIS 5509).
NEW YORK - A New York federal judge overseeing Olin Corp.'s environmental coverage litigation on April 6 entered judgment in the amount of almost $82 million in favor of Olin Corp. and against OneBeacon Insurance Co. for costs associated with environmental contamination at four sites (Olin Corp. v. Insurance Company of North America, et al., No. 84-1968, S.D. N.Y.).
NEW YORK - In a one-page order, the Second Circuit U.S. Court of Appeals on April 3 denied U.S. Attorney for the Southern District of New York Preet Bharara's petition for rehearing of the court's ruling overturning the conviction of an inside trader (United States of America v. Todd Newman, et al., Nos. 13-1837 and 13-1917, 2nd Cir.).
BROOKLYN, N.Y. - A New York court on April 1 reversed a lower court's decision and held that a landlord failed to establish that she did not have constructive notice that a hazardous lead-based paint condition existed in the apartment she rented to a family whose children tested positive for elevated blood-lead levels (Micah Greene, et al. v. Lula A. Mullen, No. 2013-00930, N.Y. Sup., App Div., 2nd Dept.; 2015 N.Y. App. Div. LEXIS 2739).
ALBANY, N.Y. - The New York Court of Appeals on March 31 ruled that oil and gas leases between residents and a hydraulic fracturing company were not extended because the force majeure clauses in those leases did not modify the primary term of the habendum clause, which the company had argued was triggered by the state's moratorium on fracking (Walter R. Beardslee, et al. v. Inflection Energy LLC, No. 44, N.Y. App.; 2015 N.Y. LEXIS 657).
NEW YORK - A federal judge in New York on March 30 ruled that Maryland law governs a dispute between the Commonwealth of Pennsylvania and Lukoil Americas Corp. (LAC) regarding groundwater contamination stemming from the release of methyl tertiary butyl ether (MTBE) (In Re: Methyl Tertiary Butyl Ether Products Liability Litigation, No. 00-1898, MDL 1358, Commonwealth of Pennsylvania v. Exxon Mobil Corporation, No. 14-06228, S.D. N.Y.; 2015 U.S. Dist. LEXIS 42579).
WASHINGTON, D.C. - A decision by a New York federal judge to deny a stay of patent litigation will stand, a divided Federal Circuit U.S. Court of Appeals ruled April 1 (Intellectual Ventures II LLC v. JPMorgan Chase Bank, et al., No. 14-1724, Fed. Cir.; 2015 U.S. App. LEXIS 5204).