In the recently decided case of The Bank of New York Mellon Trust Company, N.A. v. Morgan Stanley Mortgage Capital, Inc. (2d Cir. April 27, 2016), a
Huntington Hospital ('Huntington') sued defendant New England Insurance Company ('New England') for breach of contract after New England denied Huntington’s claim for coverage under an excess insurance policy issued by New England.
The Second Circuit Court of Appeals affirmed the District Court for the Southern District of New York’s judgment granting defendants’ motion to dismiss plaintiff Ariel (UK) Limited’s copyright claim with prejudice, dismissing plaintiff’s claims for breach of contract and declaratory relief, without prejudice, and declining to exercise pendent jurisdiction over plaintiff’s state law claims.