New York RSS

  • April 11, 2014

    Harlem Blast Neighbors Sue City For Toxic Exposure

    Tenants of a building near the site of Harlem's deadly gas explosion last month sued their landlord and the city Friday in New York housing court for failing to test for allegedly unsafe levels of lead and asbestos that have settled inside their apartments.

  • April 11, 2014

    Port Authority Accuses Broker Aon Of $50M Overcharge

    An Aon PLC unit allegedly caused the Port Authority of New York & New Jersey to be overcharged by $50 million over five years while brokering insurance for its construction projects and contractors, according to court documents filed Thursday in New York.

  • April 10, 2014

    NHL Players Body-Check League With 2nd Head Trauma Suit

    The National Hockey League was slapped Wednesday with a second concussion-related putative class action, this time in New York federal court, in which a slew of former players say the league failed to take any meaningful action to curb the risk of head trauma during games and practices.

  • April 10, 2014

    Hogan Lovells Atty Hit With Fraud Suit Over 'Forged' RE Deal

    A Hogan Lovells LLP partner and her husband were hit with a fraud lawsuit in New York state court on Wednesday by a real estate broker who says the defendants forged his name on documents for operating a liquor store and accrued back taxes.

  • April 10, 2014

    NY Town Accused Of Keeping Blacks From Affordable Housing

    Very few African-Americans are eligible for the Town of Oyster Bay's two affordable housing programs, federal prosecutors claimed Thursday in a housing discrimination suit against the Long Island hamlet and its contractor that demands changes to the programs so that blacks may equally benefit.

  • April 9, 2014

    Warner Chilcott Sues Over Erectile Dysfunction Drug License

    Warner Chilcott Co. LLC hit South Korean biotech company Mezzion Pharma Co. Ltd. with a lawsuit in New York state court Tuesday seeking to preserve its $31 million licensing deal to bring Mezzion’s erectile dysfunction drug to the U.S. and Canada.

  • April 9, 2014

    Genworth Lied About Australian IPO Delay, Suit Says

    In order to boost its stock, Genworth Financial Inc. lied to investors about the effect Australia’s struggling economy would have in delaying a 2012 planned minority offering of its Oz mortgage insurance unit, according to a putative class action launched in New York federal court on Friday.

  • April 9, 2014

    Paralyzed Metro-North Railroader Sues For $100M Over Crash

    A Metro-North railroad worker from Westchester, N.Y., who was paralyzed in a deadly Dec. 1 derailment, sued the commuter railroad Monday for $100 million under New York common law and under the Federal Employers Liability Act, which protects rail workers.

  • April 7, 2014

    Botched NYC Tower Project Owner Sues Lender For $48M

    One Madison FM LLC sued iStar Financial Inc. and its affiliates in New York court Friday, for breach of contract and to reclaim $48 million lost to former minority stakeholders in a bankrupt Manhattan condo tower due to iStar's negligence.

  • April 7, 2014

    Dish's Ergen Looks To Sue Falcone Over LightSquared Ch. 11

    Dish Network Corp. Chairman Charlie Ergen on Friday sought permission to sue LightSquared Inc. majority shareholder Philip Falcone, claiming the rival billionaire is destroying the bankrupt company’s chances at revitalization.

  • April 4, 2014

    Sanofi Hid MS Drug's Checkered History, Investors Say

    Sanofi SA and its top executives allegedly misled investors about the potential success of its subsidiary's multiple sclerosis drug Lemtrada, causing shareholders to miss out on millions of dollars when the drug failed to receive regulatory approval, a complaint filed in New York federal court claims.

  • April 4, 2014

    Sherwin-Williams Nixes $2.3B Comex Deal Over Antitrust Woes

    Sherwin-Williams Co. on Friday terminated its $2.3 billion deal to buy Mexican paints and coatings business Consorcio Comex SA de CV after the deal failed to win approval from Mexico’s antitrust regulators and as the paint giant readies itself for a breach-of-contract fight with Comex's owners.

  • April 4, 2014

    Gordon Ramsay Burned Business Partner, $10M Suit Says

    Celebrity chef Gordon Ramsay was hit with a $10 million suit Wednesday accusing him of tricking the co-owner of his Los Angeles restaurant into investing heavily in the eatery before using a trademark dispute as a pretense to shut it down and open his own restaurant.

  • April 4, 2014

    Genco Shipping To File for Ch. 11 In Deal With Lenders

    Genco Shipping & Trading Ltd. announced Thursday that it will file for Chapter 11 bankruptcy protection this month as part of a debt-for-equity deal with lenders who will support the company’s restructuring plan once it is filed in court.

  • April 4, 2014

    AIG Sues NY Insurance Regulator Over High-Stakes Probe

    American International Group Inc. on Thursday accused New York's insurance regulator of trampling on the constitution through its efforts to heavily punish AIG for a former subsidiary's marketing of foreign life insurance products without a state license.

  • April 3, 2014

    Luxury Condo Sues MTA Over 2nd Ave. Subway Construction

    A luxury co-op building in Lenox Hill on the Upper East Side of Manhattan hit the Metropolitan Transportation Authority with a suit in New York state court Wednesday, claiming that negligent construction associated with the Second Avenue subway line has wreaked havoc on the structure of the building.

  • April 2, 2014

    NY Enviros Leap Into Action After Bid To Re-Fire Coal Plant

    Texas-based asset manager Helios Capital Power LLP's bid to restart a shuttered, 500-megawatt coal-fired plant in New York's Hudson Valley drew fire from environmental groups on Wednesday, with an Earthjustice lawyer saying the Danskammer facility belongs in a "salvage heap."

  • April 1, 2014

    NYC Tenants File $100M Class Action Over Frigid Temps

    Tenants at Gateway Plaza in New York filed a $100 million class action Tuesday alleging companies in charge of the Battery Park City complex have exposed tenants to frigid temperatures by failing to provide adequate insulation and profited from residents using excess electricity to run heaters.

  • April 1, 2014

    Cartica Tries To Foil CorpBanca's 'Disastrous' $3.7B Merger

    U.S.-based activist investor Cartica Management LLC asked a New York federal court Tuesday to halt the reportedly $3.7 billion merger of Chilean bank CorpBanca SA and Latin American bank Itau Unibanco Holding SA, alleging the transaction shortchanges minority investors and wrongly favors its controlling shareholder.

  • March 31, 2014

    Insurer Hits CVS With False Scripts Whistleblower Suit

    An insurance company has alleged CVS Pharmacy Inc. knowingly submitted claims for coverage under federal and state Medicare and Medicaid plans on invalid prescriptions for controlled substances, according to a suit unsealed Friday in New York federal court.

Expert Analysis

  • Baidu Ruling Reinforces Search Engine Immunity

    Joshua Fowkes

    The ruling by the Southern District of New York in Zhang v. Baidu strongly supports the principle that search engines and e-commerce sites are immune from legal claims based on how they retrieve, present and rank information and products. This result is particularly important because high rankings on Google, Amazon and other powerful search engines are critical for companies conducting e-commerce, says Joshua Fowkes of Arent Fox LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Consequential Damages Clause At Heart Of $100M Dispute

    Rick Robinson

    In Biotronik AG v. Conor Medsystems Ireland Ltd., the New York Court of Appeals ruled that a no consequential damages clause in a distribution agreement did not preclude the distributor from proceeding with a claim for lost profit damages. A manufacturer must recognize that, if it breaches an agreement, the clause may not protect it from claims on the sale of a product had the agreement not been breached, say Rick Robinson and Glen Banks of Norton Rose Fulbright.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • Recent Trend To Expand ERISA Liability Grows

    Neal S. Schelberg

    In a distinct trend, federal courts have found that, depending on the text of the underlying plan documents, unpaid employer contributions due under a collective bargaining agreement may be viewed as plan assets, such that the representatives of an employer who exercise fiduciary control over those plan assets can be held individually liable for the unpaid amounts — together with interest and penalties — under the Employee Retirement Income Security Act, say Neal Schelberg and Aaron Feuer of Proskauer Rose LLP.

  • NY Medical Monitoring Cases Are Ones To Watch

    Kristie Tappan

    A New York state appeals court recently refined the New York Court of Appeals' ruling in Caronia v. Philip Morris USA Inc., allowing plaintiffs to pursue medical monitoring as a form of damages where they had an existing tort cause of action. Parties can expect further litigation on the issue of what constitutes physical injury sufficient to seek damages for medical monitoring since injury can be an entryway for such damages, says Kristie Tappan of Sedgwick LLP.

  • Cash Collateral Orders Revisited Following ResCap

    Todd M. Goren

    A canvass of approved consensual cash collateral orders in recent large bankruptcy cases, including In re Residential Capital LLC, suggests the rarity, even nonexistence, of preordained methodologies for valuing collateral for the purpose of calculating an adequate protection claim, say attorneys with Morrison & Foerster LLP.

  • A Court Is A Poor Place To Air Dirty Linen

    Richard I. Janvey

    Oscar Wilde and others have said that there is no such thing as bad publicity, but it is unlikely that the parties in Mosionzhink v. Chowaiki, a New York case where dramatic charges of wrongdoing in the international high-end art market were lobbed about, would agree. The lesson for counsel is that litigation in a public forum may be “a loser” for the interests of each and every party, say Joan Secofsky and Richard Janvey of Diamond McCarthy LLP.

  • In Zurich V. Sony, Yes, There's A Duty To Defend

    Lon A. Berk

    The ultimate decision in Zurich American Insurance Co. v. Sony Corp. of America will not be mooted by the introduction of exclusions into newly issued commercial general liability policies. Even though such policies may contain exclusions barring coverage for data breaches, previously issued policies may still be triggered — and there should still be a duty to defend under those policies, as well as under Sony’s, says Lon Berk of Hunton & Williams LLP.

  • Supreme Court May Finally Clarify Compensable Time

    Kenneth W. Gage

    Integrity Staffing Solutions Inc. v. Busk provides the U.S. Supreme Court with another occasion to address and clarify whether — and under what circumstances — employers must compensate employees for their activity at the beginning or end of a workday. Though not a donning and doffing case, its ruling can still potentially have a wide-ranging impact on most large employers, say Kenneth Gage and Sean Smith of Paul Hastings LLP.