Law Advice

NEW YORK – Noting that there was no opposition to a final arbitration award issued by a panel regarding certain asbestos-related losses, a federal judge in New York on Jan. 10 granted confirmation of the award (Century Indemnity Company v. Equitas Insurance Limited, et al., No. 11-cv-01040, S.D. N.Y.). View full post on LexisNexis® Mealey’s™ [...]

BUFFALO, NY – Saying the plaintiff’s claims of negligence and infliction of emotional distress stemming from alleged benzene injuries “sound in state law,” a federal judge dismissed the claims sua sponte for lack of jurisdiction on Jan. 9 (Shaun Paul Porter, v. Tonawanda Coke Corporation, et al., No. 10-CV-814S, W.D. N.Y.; 2012 U.S. Dist. LEXIS [...]

A New York judge has refused to consider whether the prenuptial agreement a couple signed in New York can be applied to their pending divorce in Singapore. “All of the issues related to both actions can be resolved in Singapore; the same is not true in New York,” wrote Acting Supreme Court Justice Laura E. [...]

ALBANY, NY – New York’s Martin Act does not preempt a plaintiff’s breach of fiduciary duty and gross negligence claims against an investment manager because the legislative history of the act “does not expressly mention or otherwise contemplate the elimination of common-law claims,” the New York Court of Appeals ruled Dec. 20 (Assured Guaranty (UK) [...]

NEW YORK – A disgorgement payment to the Securities and Exchange Commission in settlement of allegations of illegal mutual fund trading practices does not constitute a covered loss under primary and excess professional liability insurance policies, a New York appeals panel ruled Dec. 13, reversing a lower court’s ruling denying the insurers’ motion to dismiss [...]

Until this week, only two judges had limited standing for mortgage-backed securities claims to plaintiffs who purchased certificates in specific MBS tranches. Now, in a big win for JPMorgan, tranche-level standing has gained a foothold in the 2nd Circuit. View full post on Law.com – Newswire

BROOKLYN, NY – Allegations by a plaintiff that a direct competitor in the field of freight transport used an identical trademark in an identical geographic area were rejected Dec. 9 by a New York federal judge (A.W.L.I. Group Inc. v. Amber Freight Shipping Lines, No. 10-5464, E.D. N.Y.; 2011 U.S. Dist. LEXIS 142290). View full [...]

NEW YORK – The attorney general of the State of New York on Nov. 30 appealed a New York County Supreme Court justice’s Oct. 31 ruling that he failed to plead any of his state law claims against Charles Schwab & Co. Inc. for its allegedly fraudulent marketing and sale of auction-rate securities (The People [...]

NEW YORK – Finding that not giving a reinsurer its choice of its party-appointed arbitrator would deprive the reinsurer of a basic expectation in entering an arbitration agreement, a federal judge in New York on Nov. 29 denied a Brazilian reinsurer’s motion regarding arbitrator selection (IRB-Brasil Resseguros S.A. v. National Indemnity Co., No. 11-1965, S.D. [...]

ALBANY, NY – The placement of a global positioning system (GPS) device on the private vehicle of a state worker to investigate whether he was taking unauthorized absences and falsifying time records did not violate the worker’s privacy rights, a split New York appellate panel ruled Nov. 23 (In the Matter of Michael A. Cunningham [...]