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Notable Decisions, Arbitral Awards and Judgments
Oona Tropeano Expressions, Inc. v. Studio Chevalier, et al. (S.D.N.Y. March 13, 2007).
The firm won dismissal, on three separate grounds, of a copyright infringement claim that a New Hampshire design company brought against Adams Engraving International, Ltd., a Montreal-based printer. The U.S. District Court for the Southern District of New York held that Adams was entitled to dismissal for lack of personal jurisdiction as well as summary judgment and, alternatively, that dismissal was appropriate on the ground of forum non conveniens.
Global Reinsurance Corporation, U.S. Branch v. Sompo Japan Insurance, Inc., 2005 U.S. Dist. LEXIS 37969 (S.D.N.Y. 2005).
The firm obtained a decision requiring a large Japanese reinsurer to post a $7.5 million letter of credit in favor of their client, the U.S. branch of a large German reinsurer.
The Health Consultants Group v. Dailey, 2004 U.S. Dist. Lexis 23718 (S.D.N.Y. 2004).
The firm obtained an order on behalf of a Connecticut-based insurance broker enjoining its former employee from doing business in violation of the terms of his employment agreement. The Court agreed with the firm’s contention that its client need not demonstrate irreparable harm in order to be entitled to injunctive relief because, under Connecticut law, irreparable harm is presumed when a former employee violates a restrictive covenant.
Intertec Contracting, A/S, et al. v. Turner Steiner International, S.A., et al., 6 A.D.3d 1, 774 N.Y.S.2d 14 (1st Dept. 2004).
The firm, representing a Danish construction subcontractor, obtained a decision of New York’s Appellate Division finding that the trial court abused its discretion, thus requiring reversal of the trial court’s decision that the firm’s client must litigate its dispute with Turner Construction and its affiliates in Sri Lanka, the location of the building project that gave rise to the parties’ dispute. The New York Law Journal made this decision its "Decision of the Day" of March 22, 2004. In the mediation that followed, the firm obtained a very favorable result for its client.
Banco de Seguros del Estado v. Mutual Marine Offices, Inc., and Mt. McKinley Insurance Co., 344 F.3d 255 (2d Cir. 2003).
The firm, representing Mt. McKinley Insurance, obtained the first recognition by any court that the doctrine of sovereign immunity has no application in a private commercial arbitration.
Gerling Global Reinsurance Corporation, U.S. Branch v. ACE Property & Casualty Co., (S.D.N.Y. May 16, 2003).
The firm, representing Gerling Global Re, won the first jury verdict in the United States rescinding a reinsurance agreement. In a related dispute that was arbitrated several years later, the firm obtained rescission of several additional reinsurance agreements, resulting in a recovery for its client of almost $11 million.
Gerling Global Reinsurance Corporation, U.S. Branch v. ACE Property & Casualty Co., 2002 U.S. App. Lexis 15571 (2d Cir. 2002).
The firm, again representing Gerling Global Re, obtained a Second Circuit decision that its client was not required to arbitrate its rescission claim. (This victory paved the way for the jury verdict, referred to above).
Intertec Contracting, A/S, et al. v. Turner Steiner International, S.A., et al. 2001 U.S. Dist. Lexis 9950 (S.D.N.Y. 2001).
The firm obtained an award of monetary sanctions against a major international construction company after persuading the U.S. District Court that the Court had the authority to award attorney's fees for a violation of an order entered while an appeal was pending from the court's earlier order compelling the parties to arbitrate their dispute.
Intertec Contracting, A/S, et al. v. Turner Steiner International, S.A., et al. 2001 U.S. App. Lexis 4156 (2d Cir. 2001).
The firm, representing a Danish construction subcontractor, obtained a Second Circuit decision holding that its client had not agreed to arbitrate its dispute with the contractor in Sri Lanka.
Gerling Global Reinsurance Corporation, U.S. Branch v. Yasuda Fire & Marine Insurance Co., Ltd. (Mealey's Litigation Report: Reinsurance, vol. 9, no. 19 (February 11, 1999)).
The firm, again representing Gerling Global Re, obtained an order requiring Yasuda Fire & Marine Insurance Co. to post $9 million in security as a condition precedent to opposing confirmation of an arbitral award that the firm won on behalf of its client. Yasuda posted the security required, and the firm was then successful in obtaining confirmation of the award (see 1999 U.S. Dist. Lexis 11480 (S.D.N.Y. 1999)).
Skandia America Reinsurance Corporation v. Caja Nacional de Ahorro y Seguros, 1997 U.S. Dist. Lexis 7221 (S.D.N.Y. 1997).
The firm, representing Skandia America Re (now Odyssey America Re), obtained a court order directing a foreign reinsurer to post security as a condition precedent to opposing a motion to confirm an arbitral award, despite the reinsurer’s invocation of the U.S. Foreign Sovereign Immunities Act. When the reinsurer refused to post security, the firm obtained a judgment by default with an award of attorney's fees. The dispute then settled on favorable terms.
Curiale v. AIG Multi-Line Syndicate, Inc., et al., 225 A.D.2d 409, 640 N.Y.S.2d 18 (N.Y. App. Div. 1996).
The firm, representing Hudson Re in the litigation arising out of the insolvency of Union Indemnity Insurance Company, won rescission of a quota share treaty entered into between Union Indemnity and Hudson Re.
Cologne Reinsurance Company of America v. Southern Underwriters, Inc., et al., 218 A.D.2d 680, 630 N.Y.S.2d 548 (App. Div. 1995).
The firm, and its co-counsel, representing Southern Underwriters and its parent companies, convinced New York State's Appellate Division to reverse the trial court and to require Cologne Re to arbitrate the rescission claim it had brought against the firm's clients.
Hurricane Andrew
The firm represented ten reinsurers in a complex arbitration arising out of a catastrophic loss during Hurricane Andrew, resulting in a very favorable settlement.
The Iranian Government
McKay handled six international arbitrations against the Iranian Government (on behalf of CBS Records, Security Pacific National Bank, and other clients), which began as litigations in New York, and were subsequently converted into arbitrations in The Hague, Netherlands. They all resulted in favorable awards.
Calloway v. Marvel Entertainment et al., 854 F. 2d 1452 (2d Cir. 1988).
McKay also represented various defendants, including Al Brodax and The Marvel Entertainment Group, in successfully defending a $69 million copyright infringement case, and thereafter successfully pursued sanctions against the plaintiff and his counsel, obtaining $200,000 in sanctions under FRCP Rule 11 that is believed to be the largest such award ever granted.
Allied Bank International v. Banco Credito Agricola De Cartago, 752 F. 2d 516 (2d Cir. 1985).
McKay also represented a syndicate of thirty-nine banks in a successful suit against three government-owned Costa Rican banks, resulting in a landmark ruling by the Second Circuit on the act of state doctrine.
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