Mealey's Insurance - Insurer Is Not Estopped From Asserting Coverage Defenses, 11th Circuit Says

ATLANTA - An insurer adequately reserved its rights under a commercial general liability policy and is not estopped from asserting coverage defenses under the CGL policy or an umbrella policy for an underlying lawsuit seeking damages for the repair or replacement of an energy system, the 11th Circuit U.S. Court of Appeals affirmed May 16 (Wellons Inc. v. Lexington Insurance Co., No. 13-11512, 11th Cir.; 2014 U.S. App. LEXIS 9091).

Mealey's Bankruptcy - Indenture Trustee Of $2.15B In Lien Notes Seeks Order Extending Deadline

WILMINGTON, Del. - The indenture trustee for $2,156,000,000 in what are called second lien notes issued by bankrupt Energy Future Intermediate Holdings Co. LLC (EFIH) on May 14 moved in the U.S. Bankruptcy Court for the District of Delaware for an emergency ruling by the Bankruptcy Court (In Re: Energy Future Holdings Corp., No. 14-10979, Chapter 11, D. Del. Bkcy.).

Mealey's IP/Tech - Ohio Federal Judge Won't Dismiss Trademark Complaint

CINCINNATI - A dispute over the right to use the "American Energy" trademark will proceed, thanks to a May 9 ruling by an Ohio federal judge (American Energy Corp. v. American Energy Partners et al., No. 13-886, S.D. Ohio).

Mealey's Bankruptcy - Bankrupt USEC Inc. Seeks Financing Deal That Takes Burden Off Its Affiliate

WILMINGTON, Del. - Bankrupt USEC Inc., a global energy company that provides low-enriched uranium (LEU) for commercial nuclear power plants, on May 9 moved in the U.S. Bankruptcy Court for the District of Delaware for authorization to enter into an amended agreement for post-petition financing (In Re: USEC Inc., No. 14-10475, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Energy Future Holdings: Bankruptcy Should Not Be Transferred To Texas

WILMINGTON, Del. - Bankrupt Energy Future Holdings Corp. (EFH) on May 8 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to a motion to transfer the proceeding to a bankruptcy court in Texas on grounds that the location of EFH's assets favors keeping the case in Delaware (In Re: Energy Future Holdings Corp., No. 14-10979, Chapter 11, D. Del. Bkcy.).

Mealey's Insurance - Committee Report: 67 Percent Of ACA Enrollees Paid; Youth Constitute 25 Percent

WASHINGTON, D.C. - Only 67 percent of those who enrolled in insurance through the Patient Protection and Affordable Care Act (ACA)'s federal exchange paid the first month premium, and 25 percent were between the ages of 18 and 34, according to a report released by the U.S. House of Representatives Energy and Commerce Committee.

Mealey's Litigation Procedure - Kosmos Energy, Others To Pay $10.2M To Settle Securities Class Action Suit

DALLAS - Defendants in a securities class action lawsuit will pay $10.2 million to settle claims that they misrepresented the performance levels at an oil field, as well as its future expected performance, in violation of federal securities laws, according to court documents filed April 28 in Texas federal court (In re Kosmos Energy Ltd. Securities Litigation, No. 12-373, N.D. Texas).

Mealey's Bankruptcy - Lenders: $4,475,000,000 In Financing For Energy Future Holdings 'Excessive'

WILMINGTON, Del. - The ad hoc group of noteholders (the group) in the Chapter 11 bankruptcy of Energy Future Holdings Inc. (EFH) on May 1 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that the post-petition financing sought by EFH, particularly as it applies to its affiliate Texas Competitive Electric Holdings Co. LLC (TCEH), is "excessive" (In Re: Energy Future Holdings Corp., No. 14-10979, Chapter 11, D. Del. Bkcy.).

Mealey's Health Law - Committee Report: 67 Percent Of ACA Enrollees Paid; Youth Constitute 25 Percent

WASHINGTON, D.C. - Only 67 percent of those who enrolled in insurance through the Patient Protection and Affordable Care Act (ACA)'s federal exchange paid the first month premium, and 25 percent were between the ages of 18 and 34, according to a report released by the U.S. House of Representatives Energy and Commerce Committee.

Mealey's Securities/D&O Liability - Kosmos Energy, Others To Pay $10.2M To Settle Securities Class Action Suit

DALLAS - Defendants in a securities class action lawsuit will pay $10.2 million to settle claims that they misrepresented the performance levels at an oil field, as well as its future expected performance, in violation of federal securities laws, according to court documents filed April 28 in Texas federal court (In re Kosmos Energy Ltd. Securities Litigation, No. 12-373, N.D. Texas).

Mealey's Bankruptcy - Energy Future Holdings Files For Chapter 11 Bankruptcy Listing $49.7B In Debt

WILMINGTON, Del. - Dallas-based energy company Energy Future Holdings Corp. (EFH) on April 29 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware listing assets of $36.44 billion and liabilities of $49.7 billion, and on the same day announced that it had reached an agreement with "its key financial stakeholders" to reduce its debt with a prearranged restructuring plan (In Re: Energy Future Holdings Corp., No. 14-10979, Chapter 11, D. Del. Bkcy.).

Mealey's Litigation Procedure - London Arbitration Court Issues Award For Trinidad Oil Producer

POINTE-A-PIERRE, Trinidad - A Trinidad and Tobago crude oil producer on April 26 said a London tribunal has issued an award in its favor in a case brought by New York-based clean energy company.

Mealey's Bankruptcy - Judge OKs Liquidation Plan; Green Field To Pay Ford Motor Credit Company $1.25M

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Green Field Energy Services Inc. (GFES) in the U.S. Bankruptcy Court for the District of Delaware on April 23 issued conclusions of law and an order confirming the company's plan of liquidation, which would involve a payment of $1,253,657 to creditor Ford Motor Credit Co. LLC (FMCC) (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).

Mealey's Litigation Procedure - Defense Motions To Exclude Health Risk Experts Granted In Part In Stack Rain Suit

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered orders March 31 in the U.S. District Court for the Western District of Pennsylvania granting in part defense motions to exclude reports of experts designated by the plaintiffs to offer opinions about medical causation and the need for a health risk assessment (David Patrick, et al v. FirstEnergy Generation Corp., et al., No. 08-1025, W.D. Pa.; 2014 U.S. Dist. LEXIS 43036; 2014 U.S. Dist. LEXIS 43036).

Mealey's Litigation Procedure - Defense Motion To Exclude Diminution Opinion Granted In Part In Stack Ash Action

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 31 in U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of experts designated by the parties to offer opinions about the effects of so-called white rain and black rain on property values in the putative class area (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 43033).

Mealey's Toxic Tort/Environmental - Defense Motions To Exclude Health Risk Experts Granted In Part In Stack Rain Suit

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered orders March 31 in the U.S. District Court for the Western District of Pennsylvania granting in part defense motions to exclude reports of experts designated by the plaintiffs to offer opinions about medical causation and the need for a health risk assessment (David Patrick, et al v. FirstEnergy Generation Corp., et al., No. 08-1025, W.D. Pa.; 2014 U.S. Dist. LEXIS 43036; 2014 U.S. Dist. LEXIS 43036).

Mealey's Toxic Tort/Environmental - Defense Motion To Exclude Diminution Opinion Granted In Part In Stack Ash Action

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 31 in the U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of experts designated by the parties to offer opinions about the effects of so-called white rain and black rain on property values in the putative class area (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 43033).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Limits Arsenic Levels Testimony In Stack Rain Litigation

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order on March 25 in the U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of experts designated by the parties to offer testimony about the source and concentration of arsenic in the soil of the plaintiffs' properties (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 36509).

Mealey's Toxic Tort/Environmental - Pennsylvania Federal Judge Limits Arsenic Levels Testimony In Stack Rain Litigation

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order on March 25 in the U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of experts designated by the parties to offer testimony about the source and concentration of arsenic in the soil of the plaintiffs' properties (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 36509).

Mealey's PI/Product Liability - State Attorneys General Settle Marketing Violation Allegations With Drink Company

NEW YORK - New York Attorney General Eric T. Schneiderman on March 25 announced an agreement with an energy drink manufacturer to resolve allegations that it has marketed and sold flavored malt beverages in violation of consumer protection and trade practice statutes.

Mealey's Litigation Procedure - Solid Waste Management, Air Quality Experts Limited In Pennsylvania Stack Ash Case

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 20 in the U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of experts designated by the parties to offer testimony about whether the operator violated air quality and solid waste management regulations (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 36509).

Mealey's Toxic Tort/Environmental - Solid Waste Management, Air Quality Experts Limited In Pennsylvania Stack Ash Case

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 20 in the U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of experts designated by the parties to offer testimony about whether the operator violated air quality and solid waste management regulations (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 36509).

Mealey's Bankruptcy - U.S. Trustee: Green Field Examiner's Report Should Not Be Sealed

WILMINGTON, Del. - The U.S. trustee in the Chapter 11 bankruptcy case of bankrupt oil and gas company Green Field Energy Services (GFES) on March 20 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the examiner's motion seeking authorization to file his report under seal on grounds that it does not qualify to be sealed under the Bankruptcy Code (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).

Mealey's IP/Tech - Federal Circuit Reverses Contempt Order, Vacates Injunction

WASHINGTON, D.C. - A Virginia federal judge erred in holding an inventor in contempt of a settlement barring him from using certain patented technology, the Federal Circuit U.S. Court of Appeals ruled March 20 (Energy Recovery Inc. v. Leif J. Hauge, No. 13-1515, Fed. Cir.).

Mealey's Litigation Procedure - Motion To Exclude Opinions Of Air Modeling Experts Granted In Part In Fly Ash Suit

PITTSBURGH - The judge presiding over lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order on March 17 in the U.S. District Court for the Western District of Pennsylvania granting in part motions to exclude the conclusions of air modeling experts designated by the parties (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 34082).