CHICAGO - After finding that a $4,010,227.78 arbitration award issued in India in favor of a company in relation to a dispute over a contract for the purchase of caustic soda lye was enforceable in Illinois, an Illinois federal judge on Sept. 23 confirmed the award and denied a chemical company's motion for summary judgment denying enforcement (National Aluminum Co. Ltd. v. Peak Chemical Corporation Inc., No. 14-cv-01314, N.D. Ill.; 2015 U.S. Dist. LEXIS 127060).
MINNEAPOLIS - A Minnesota federal judge on Sept. 22 held that a directors and officers liability insurance policy's "insured vs. insured" exception bars coverage for an underlying share dispute brought against a closely held corporation and two members of its board of directors by a former board member and her two daughters (Jerry's Enterprises Inc. v. U.S. Specialty Insurance Co., No. 14-1951, D. Minn.; 2015 U.S. Dist. LEXIS 126241).
LOS ANGELES - A California federal judge on Sept. 18 found that a solar corporation's claims against two Chinese entities were directly related to an underlying arbitration agreement and that its breach of contract claims were properly removed to federal court (Sunvalley Solar Inc. v. CEEG [Shanghai] Solar, et al., No. 15-5099, C.D. Calif.; 2015 U.S. Dist. LEXIS 125199).
NEW YORK - The trustees of the asbestos trust established in the landmark Chapter 11 case of Johns-Manville Corp. abused their discretion and breached their fiduciary duties of impartiality and loyalty when they decided to disallow the submission of claims from a California attorney based on allegations that he has filed unreliable claim-related evidence with other asbestos personal injury settlement trusts, the attorney said Sept. 21 in his answer to the Johns-Manville trust's declaratory judgment adversary complaint (In re Johns-Manville Corporation, et al., No. 82-11656 [Manville Personal Injury Settlement Trust v. Michael J. Mandelbrot and The Mandelbrot Law Firm, No. 15-01296], S.D. N.Y. Bkcy.).
ALLENTOWN, Pa. - A Pennsylvania federal judge held Sept. 17 that an underlying lawsuit alleging that an insured's snack trays failed to conform to a contractually specified and required performance standards sounds in breach of contract and fails to allege an "occurrence" pursuant to primary and excess commercial general liability insurance policies, finding that the insurer has no duty to defend its insured (Firemen's Insurance Company of Washington, D.C., Plaintiff, v. Tray-Pak Corporation, No. 13-3711, E.D. Pa.; 2015 U.S. Dist. LEXIS 124192).
PROVIDENCE, R.I. - A federal judge in Rhode Island on Sept. 17 concluded at the end of the first phase of a trifurcated trial that Emhart Industries Inc. is jointly and severally liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for contamination at the Centredale Manor Superfund site in North Providence, R.I., and that the company is liable as an operator for the purposes of the government's cost recovery claim under the statute, but deferred ruling on whether the plaintiff company failed to comply with a CERCLA cleanup order (Emhart Industries Inc. v. New England Container Corporation, et al., Nos. 06-218, 11-023, D. R.I.; 2015 U.S. Dist. LEXIS 125293).
LANSING, Mich. - An insurer and one of its reinsurers told a federal court in Michigan on Sept. 15 that their $1.9 million reinsurance breach of contract suit should be dismissed (Michigan Millers Mutual Insurance Company v. Westport Insurance Corporation, No. 14-cv-00151, W.D. Mich.).
MINNEAPOLIS - A group of banks and financial institutions (FIs, collectively) suing Target Corp. in the wake of a massive 2013 data breach, saw their motion for class certification granted Sept. 15 by a Minnesota federal judge who found that they had sufficiently presented prima facie evidence of negligence and related damages to merit class treatment of their claims against the retailer (In re: Target Corporation Customer Data Security Breach Litigation, No. 0:14-md-02522, D. Minn.).
NEW YORK - A former intern for "The Wendy Williams Show" on Sept. 11 moved in the U.S. District Court for the Southern District of New York to settle his class complaint with Lions Gate Entertainment Corp. after the company agreed to pay $1,341,752 to end claims that it, Lions Gate Films Inc. and Debmar-Mercury LLC violated federal and state wage-and-hour statutes by failing to pay their interns (Anthony Tart, et al. v. Lions Gate Entertainment Corporation, et al., No. 14-8004, S.D. N.Y.).
PHILADELPHIA - A Pennsylvania federal judge on Sept. 10 entered a final judgment in favor of a Taiwanese corporation in relation a Chinese arbitration award, ordering a Pennsylvania entity to pay it $6,943,817.13, representing the full amount of the award, fees and interest (Clientron Corp. v. Devon IT Inc., No. 13-05634, E.D. Pa.).
GREENSBORO, N.C. - The U.S. Environmental Protection Agency and Duke Energy Corp. on Sept. 10 entered into a consent decree in North Carolina federal court in which the company agreed to pay a $975,000 civil penalty for violating the Clean Air Act (CAA) and agreed to spend $4.4 million on environmental mitigation projects to resolve a lawsuit claiming that it made illegal modifications to 13 coal-fired electricity-generating units at five power plants in the state (United States of America, et al. v. Duke Energy Corporation, No. 00CV1262, M.D. N.C.).
BOSTON - A Massachusetts federal judge on Sept. 3 denied a data-storage company's request to amend its counterclaims against a corporation, in which it already asserts counterclaims for unfair business practices and unfair competition in violation of California's unfair competition law (UCL) and numerous other allegations, finding that additional amendments would prejudice the plaintiff in the case and cause delay (EMC Corp. v. Pure Storage, Inc., No. 13-12789, D. Mass.; 2015 U.S. Dist. LEXIS 117775).
WASHINGTON, D.C. - A Virginia federal judge properly deemed "compliance mechanism" a means-plus-function term that lacks sufficient structure as it is used in a patent covering a method for preventing unauthorized recordings, the Federal Circuit U.S. Court of Appeals ruled Sept. 4 (Media Rights Technologies Inc. v. Capital One Financial Corporation, et al., No. 14-1218, Fed. Cir.; 2015 U.S. App. LEXIS 15767).
WASHINGTON, D.C. - A California federal judge's summary judgment determination of patent invalidity was reversed and remanded by the Federal Circuit U.S. Court of Appeals on Sept. 8, in a dispute over a medical device (Ivera Medical Corporation v. Hospira Inc., No. 14-1613, -1614, Fed. Cir.).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 4 overturned CITGO Petroleum Corp.'s convictions for violating the Clean Air Act (CAA) and Migratory Bird Treaty Act of 1918 (MBTA), ruling that a federal judge in Texas erred when instructing the jury about the scope of a regulation concerning oil-water separators and misinterpreted the MBTA's language with regard to unintentional bird kills (United States of America v. CITGO Petroleum Corporation, et al., No. 14-40128, 5th Cir.; 2015 U.S. App. LEXIS 15865).
NEW YORK - A reinsurer responded in a federal court in New York Sept. 4 to an insurer's redacted petition to confirm an asbestos-injury-related arbitration award (Century Indemnity Company v. Global Reinsurance Corporation of America, et al., No. 15-cv-06426, S.D. N.Y.).
CINCINNATI - Claims by an Employee Retirement Security Income Act plan fiduciary that two corporate defendants are actually the same company, thereby requiring both defendants to adhere to the terms of a union contract, were properly rejected by an Ohio federal judge, the Sixth Circuit U.S. Court of Appeals ruled Sept. 2 (Board of Trustees of the Local 17 Iron Workers Pension Fund v. Harris Davis Rebar LLC, et al., No. 14-3997, 6th Cir.; 2015 U.S. App. LEXIS 15571).
JACKSON, Miss. - An 8-1 panel of the Mississippi Court of Appeals on Sept. 1 affirmed a trial court judge's rulings awarding summary judgment to the architects and engineers accused of defectively designing scaffolding that collapsed and injured four concrete workers, after finding that the defendants did not have a duty to inspect the scaffolding (David McKean, et al. v. Yates Engineering Corporation, et al., No. 2013-CA-10807-CA, Miss. App.; 2015 Miss. App. LEXIS 446).
SAN FRANCISCO - A California court on Aug. 31 affirmed a trial court's dismissal of a case filed by a property owner against a home warranty corporation, finding that she lacked standing to assert a claim for violation for California's unfair competition law (UCL) because she suffered no monetary or property damages (Alice J. Benham v. First America Home Buyers Protection Corp., et al., No. 141034, Calif. App., 1st Dist., Div. 2; 2015 Cal. App. Unpub. LEXIS 6265).
PHILADELPHIA - After finding that a Pennsylvania corporation failed to show why a $6.57 million arbitration award issued in Taiwan should not be recognized, a Pennsylvania federal judge on Aug. 27 granted summary judgment and found that a Taiwanese enforcement order was a recognizable judgment under the Pennsylvania Uniform Foreign Money Judgment Recognition Act (UFMJRA) (Clientron Corp. v. Devon IT Inc., No. 13-05634, E.D. Pa.; 2015 U.S. Dist. LEXIS 114304).
WASHINGTON, D.C. - A final judgment of noninfringement was reversed and remanded Aug. 27 by the Federal Circuit U.S. Court of Appeals because it rested upon an erroneous claim construction (Inline Plastics Corporation v. EasyPak LLC, No. 14-1305, Fed. Cir.; 2015 U.S. App. LEXIS 15117).
CAMDEN, N.J. - A federal judge in New Jersey on Aug. 27 dismissed the lawsuit brought by a some of the plaintiffs against Consolidated Rail Corp. (CONRAIL) and other railroad companies pertaining to a spill of vinyl chloride into Mantua Creek caused by a train derailment (Charles Van Blarcom v. Consolidated Rail Corporation, No. 15-134, D. N.J.).