LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - DOJ Says It No Longer Needs Apple To Unlock IPhone In N.Y. Drug Trafficking Case

BROOKLYN, N.Y. - Two weeks after stating that it intended to continue to pursue an order to compel Apple Inc. to help it gain access to a seized, locked iPhone, the U.S. government on April 22 filed a letter in New York federal court stating that it "no longer needs Apple's assistance" because "an individual provided the [device's] passcode" (In re Order Requiring Apple Inc. to Assist in the Execution of a Search Warrant Issued by This Court, No. 1:15-mc-01902, E.D. N.Y.).

Mealey's Insurance - Judge To Insurer, Reinsurer: Show Why Arbitration Award Should Stay Sealed

NEW YORK - A federal judge in New York on April 21 granted a motion to confirm an asbestos-related arbitration award and ordered an insurer and reinsurer to justify why the award should remain under seal (Continental Insurance Company v. Fairmont Premier Insurance Company f/k/a Transamerica Premier Insurance Company, No. 16-cv-00655, S.D. N.Y.).

Mealey's Insurance - Reinsurance Agent Says Court's Dismissal Of Suit Should Stand

NEW YORK - A reinsurance agent told a federal court in New York on April 21 that the assignee of certain reinsurance receivables has not shown sufficient evidence to justify the court reconsidering its dismissal of the parties' case (NEM Re Receivables LLC v. Fortress Re Inc., No. 15-cv-03875, S.D. N.Y.).

Mealey's Insurance - New York Appellate Court: Insurer Has No Duty To Reimburse Repair Costs

NEW YORK - An insurer is not obligated to reimburse its insureds for the cost of repairing certain concrete floor slabs, the First Department New York Supreme Court Appellate Division ruled April 21 (St. George Tower and Grill Owners Corp. v. Insurance Company of Greater New York, No. 651746/12, N.Y. Sup., App. Div., 1st Dept.; 2016 N.Y. App. Div. LEXIS 2971).

Mealey's PI/Product Liability - Plaintiffs Co-Lead Counsel: Conflict Allegations In GM Ignition MDL Without Merit

NEW YORK - Plaintiffs' co-lead counsel in the General Motors ignition switch multidistrict litigation on April 19 responded to claims from another attorney that they were not helping the plaintiffs he represents, saying that the claims are without merit and that the attorney is just repeating claims he has already made (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).

Mealey's IP/Tech - Federal Judge Finds Declaratory Judgment Standing In Trademark Case

NEW YORK - Efforts by Hachette Filipacchi Presse - owner of the "ELLE" trademark - to dismiss a declaratory judgment action by fashion designer Elle Sasson were unsuccessful on April 20, when a New York federal judge ruled instead that the case should proceed (Elle Sasson, et al. v. Hachette Filipacchi Presse, No. 15-194, S.D. N.Y.; 2016 U.S. Dist. LEXIS 52902).

Mealey's Litigation Procedure - Arbitration Award Confirmed; Panel Did Not Disregard Law, N.Y. Federal Judge Says

NEW YORK - A New York federal judge on April 19 confirmed a $6.3 million arbitration award after determining that an arbitration panel did not disregard the law by awarding damages to the defendant and did not deny the plaintiff fundamental fairness by refusing to consider evidence during the arbitration proceeding (Inficon Inc. v. Verionix Inc., n/k/a Kitech Ventures Inc., No. 15-8044, S.D. N.Y.; 2016 U.S. Dist. LEXIS 52708).

Mealey's Toxic Tort/Environmental - Judge Vacates Ruling, Says New Evidence In MTBE Case Validates Jurisdiction

NEW YORK - A federal judge in New York on April 15 vacated her previous ruling and reinstated defendants in a groundwater contamination lawsuit related to the gasoline additive methyl tertiary butyl ether (MTBE), concluding that new evidence indicates that the District Court has jurisdiction over claims brought by the Commonwealth of Puerto Rico (In re: Methyl Tertiary Butyl Ether [MTBE] Products Liability Litigation, MDL 1358, Commonwealth of Puerto Rico v. Shell Oil Co., et al., Nos. 07-10470, 14-1014, S.D. N.Y.).

Mealey's Litigation Procedure - Microsoft Cites New European Law To 2nd Circuit In Email Disclosure Suit

NEW YORK - In an April 15 notice of supplemental authority, Microsoft Corp. informed the Second Circuit U.S. Court of Appeals of a newly adopted European statute, the "General Data Protection Regulation" (GDPR), which Microsoft argues supports its argument that it should not be required by governmental warrant to provide a user's emails that are stored in Irish servers (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).

Mealey's IP/Tech - Microsoft Cites New European Law To 2nd Circuit In Email Disclosure Suit

NEW YORK - In an April 15 notice of supplemental authority, Microsoft Corp. informed the Second Circuit U.S. Court of Appeals of a newly adopted European statute, the "General Data Protection Regulation" (GDPR), which Microsoft argues supports its argument that it should not be required by governmental warrant to provide a user's emails that are stored in Irish servers (In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp.[Microsoft v. United States], No. 14-2985, 2nd Cir.).

Mealey's PI/Product Liability - GM Ignition Switch MDL Judge Says Motion To Remove Co-Lead Counsel Is Untimely

NEW YORK - The federal judge overseeing the General Motors faulty ignition switch multidistrict litigation made good on his promise to elaborate on why he would not be removing the plaintiffs' co-lead counsel, saying in an April 12 opinion that another plaintiff attorney's motion to dismiss them was untimely and his accusations that the co-lead counsel are mishandling the bellwether process do not stand up to scrutiny (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254, S.D. N.Y.).

Mealey's IP/Tech - 2nd Circuit Certifies Copyright Question To New York Court Of Appeals

NEW YORK - In a case it said presents a "significant and unresolved issue of New York law," the Second Circuit U.S. Court of Appeals on April 13 asked the New York Court of Appeals to answer the question of whether a public performance right exists for creators of sound recordings and, if so, to clarify the nature and scope of the right (Flo & Eddie Inc. v. Sirius XM, No. 15-1164, 2nd Cir.; 2016 U.S. App. LEXIS 6716).

Mealey's PI/Product Liability - Panel: District Court Erred In Excluding Expert Testimony In Securities Suit

NEW YORK - A federal judge erred in excluding the testimony of a shareholder's damages expert and granting summary judgment in favor of defendants in a securities class action lawsuit because the judge's exclusion ruling was inadequate, a Second Circuit U.S. Court of Appeals panel ruled April 12 (In re Pfizer Inc. Securities Litigation, No. 14-2853, 2nd Cir.; 2016 U.S. App. LEXIS 6622).

Mealey's Litigation Procedure - Panel: District Court Erred In Excluding Expert Testimony In Securities Suit

NEW YORK - A federal judge erred in excluding the testimony of a shareholder's damages expert and granting summary judgment in favor of defendants in a securities class action lawsuit because the judge's exclusion ruling was inadequate, a Second Circuit U.S. Court of Appeals panel ruled April 12 (In re Pfizer Inc. Securities Litigation, No. 14-2853, 2nd Cir.; 2016 U.S. App. LEXIS 6622).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Denial Of Dismissal In Patent Case

NEW YORK - A March order that denied dismissal of allegations that Lowe's Cos. Inc. committed direct patent infringement will stand, thanks to an April 11 ruling by the same New York federal judge (Iron Gate Security Inc. v. Lowe's Companies Inc., No. 15-8814, S.D. N.Y.; 2016 U.S. Dist. LEXIS 48610).

Mealey's IP/Tech - Federal Judge Sides With Third-Party Defendants In Trademark, Copyright Case

NEW YORK - A third-party complaint containing allegations of trademark and copyright infringement was rejected April 12 by a New York federal judge, in a dispute over the ownership rights to the "Elastic Wonder" trademark, a related website and the design of fashion leggings (Elastic Wonder Inc. v. Idil Doguoglu Posey; Idil Doguoglu Posey v. Spandex House Inc. et al., No. 13-5603, S.D. N.Y.; 2016 U.S. Dist. LEXIS 49019).

Mealey's Labor & Employment - 2nd Circuit Reverses Standard Of Review Holding In Claim Denial Dispute

NEW YORK - A Connecticut federal judge's September 2014 holding that employee benefit plans are entitled to review of claim denials under the arbitrary and capricious standard upon a showing of substantial compliance with Department of Labor (DOL) claims-procedure regulations would "upset" the DOL's "regulatory framework," the Second Circuit U.S. Court of Appeals ruled April 12 (Tiffany L. Halo v. Yale Health Plan, No. 14-4055, 2nd Cir.; 2016 U.S. App. LEXIS 6659).

Mealey's Securities/D&O Liability - Panel: District Court Erred In Excluding Expert Testimony In Securities Suit

NEW YORK - A federal judge erred in excluding the testimony of a shareholder's damages expert and granting summary judgment in favor of defendants in a securities class action lawsuit because the judge's exclusion ruling was inadequate, a Second Circuit U.S. Court of Appeals panel ruled April 12 (In re Pfizer Inc. Securities Litigation, No. 14-2853, 2nd Cir.; 2016 U.S. App. LEXIS 6622).

Mealey's Securities/D&O Liability - Panel: Investors Failed To Plead Scienter, Misstatements Against Auditors, Others

NEW YORK - A federal district court did not err in dismissing a securities fraud lawsuit against the auditors and former officers and directors of a Chinese education services provider, a Second Circuit U.S. Court of Appeals panel ruled April 8, because the investors failed to properly plead an actionable misstatement or omission and scienter in making its state and federal securities law claims (Special Situations Fund III Qp L.P., et al. v. Deloitte Touche Tohmatsu CPA Ltd., et al., No. 15-1813, 2nd Cir.; 2016 U.S. App. LEXIS 6398).

Mealey's PI/Product Liability - Summary Judgment Granted In 1 Of Last Remaining 'Body Snatcher' Cases

ROCHESTER, N.Y. - A New York federal judge on April 11 granted summary judgment in one of the remaining "body snatcher" cases, finding that a biologic implant provider did not directly interfere with a family's possession of their loved one's corpse and that the defendant is immunized by an organ donation law (Cyndia Kennedy-McInnis, et al. v. Biomedical Tissue Services, Ltd., et al., Nos. 13-6545, 06-6410, W.D. N.Y.).

Mealey's Insurance - Assignee Of Reinsurance Receivables Says Statute Of Limitations Has Not Expired

NEW YORK - The assignee of certain reinsurance receivables told a federal court in New York on April 8 that the statute of limitations of its action against a reinsurance agent has not expired because it did not begin in 2004 but began when the agent repudiated its alleged fiduciary obligations to the assignee in 2015 (NEM Re Receivables LLC v. Fortress Re Inc., No. 15-cv-03875, S.D. N.Y.).

Mealey's Toxic Tort/Environmental - New York Attorney General: Exxon Mobil To Pay $10.75M To Clean Up 8 Spill Sites

NEW YORK - New York Attorney General Eric Schneiderman announced on April 7 that Exxon Mobil Corp. has agreed to pay $10.75 million to reimburse the New York Environmental Protection and Spill Compensation Fund for cleanup expenses incurred in remediating petroleum contamination at eight sites across the state.

Mealey's PI/Product Liability - 4th Bellwether Plaintiff In Ignition Switch MDL Dismisses Claims Against GM

NEW YORK - The plaintiff in the fourth bellwether trial against General Motors LLC on April 8 filed a stipulated letter to the ignition switch multidistrict litigation judge, saying that he dismissed all claims against the automaker with prejudice (In Re: General Motors LLC Ignition Switch Litigation, No. 1:14-md-0254; Robert James Reid v. General Motors LLC, No.14-CV-5810, S.D. N.Y.).

Mealey's Litigation Procedure - Reinsurer Asks Court To Enforce Confirmation Of Arbitration Award

NEW YORK - A reinsurer asked a federal court in New York on April 5 to enforce its earlier order confirming an arbitration award and direct an international insurer to pay the reinsurer more than $460,000 in fees and costs incurred in a different, but allegedly related, litigation (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).

Mealey's Insurance - Reinsurer Asks Court To Enforce Confirmation Of Arbitration Award

NEW YORK - A reinsurer asked a federal court in New York on April 5 to enforce its earlier order confirming an arbitration award and direct an international insurer to pay the reinsurer more than $460,000 in fees and costs incurred in a different, but allegedly related, litigation (National Indemnity Company v. IRB Brasil Resseguros S.A., No. 15-cv-03975, S.D. N.Y.).