OKLAHOMA CITY - A federal judge in Oklahoma denied a motion to dismiss a shareholder derivative lawsuit on Sept. 28, holding that there is not enough evidence presented to make a determination on whether a board of directors' actions amount to the refusal of a presuit demand (M. Lee Arnold, Derivatively on Behalf of Chesapeake Energy Corporation v. Aubrey K. McClendon, et al., No. 11-cv-00986, W.D. Okla.; 2012 U.S. Dist. LEXIS 140887).
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 14 denied a motion by the Republic of Peru to dismiss a petition to confirm an arbitration award issued by the International Centre for Settlement of Investment Disputes (ICSID) in favor of an energy company, finding that the company stated a claim for which relief could be granted and that the award was not ambiguous (Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru, No. 11-1602, D. D.C.; 2012 U.S. Dist. LEXIS 131119).
CINCINNATI - Deeming a dispute between the creators of two energy shots a "close call" that could "be decided either way," the Sixth Circuit U.S. Court of Appeals on Sept. 13 nonetheless reversed a Michigan federal judge's dismissal of trademark infringement and false advertising claims (Innovation Ventures LLC d/b/a Living Essentials v. N.V.E. Inc., Nos. 10-2353, 2355, 6th Cir.). Subscribers may view the decision available within the full article.
HOUSTON - A Texas federal judge on Sept. 13 denied a motion to dismiss a class suit brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C.S. § 227, opining that when a district court has federal question jurisdiction over the claims, it does not need to conduct a choice-of-law analysis and must apply federal law to the federal cause of action (Todd C. Bank, et al. v., Spark Energy Holdings, LLC, et al., No. 11-4082, S.D. Texas; 2012 U.S. Dist. LEXIS 130531).
WILMINGTON, Del. - Panola County, Miss., on Sept. 10 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the proposed sale of all assets by bankrupt LSP Energy Limited Partnership, contending that it would cause a loss of tax revenue so great that the county would not be able to provide essential services to residents (In Re: LSP Energy Limited Partnership, No. 12-10460, Chapter 11, D. Del. Bkcy.). Subscribers may view the brief available within the full article.
WILLIAMSPORT, Pa. - A plaintiff alleging personal injury and property damage claims against natural gas extraction companies in the U.S. District Court for the Middle District of Pennsylvania will not be required to produce prima facie evidence in support of his claims within 120 days as requested by the companies because the defendants failed to meet their burden for an amendment to the case management order, the presiding magistrate judge concluded Sept. 5 (Edward E. Kamuck v. Shell Energy Holdings, et al., No. 11-1425, M.D. Pa.; 2012 U.S. Dist. LEXIS 125566).
CLARKSBURG, W.Va. - Claims by the Commonwealth of Pennsylvania and a state agency that waste water emissions from three West Virginia companies violated state law are not preempted by the Clean Water Act (CWA), a federal judge in West Virginia ruled Sept. 4 when granting the plaintiffs' motion to remand and denying without prejudice the companies' motion to dismiss (Commonwealth of Pennsylvania, et al. v. Consol Energy Inc., et al., No. 11CV161, N.D. W.Va.; 2012 U.S. Dist. LEXIS 124763).
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Aug. 27 determined that a district court erred in failing to consider whether the State of Missouri's public policy against the enforcement of mandatory arbitration provisions is sufficient to invalidate a forum selection clause in an insurer's policy (Union Electric Co. d/b/a Ameren Corp. v. Energy Insurance Mutual Ltd., No. 11-1315, 8th Cir.; 2012 U.S. App. LEXIS 18100).
MADISON, Wis. - A federal judge in Wisconsin who ruled that a cash-balance pension plan violated the Employee Retirement Income Security Act 29 U.S.C.S. § 1001 et seq.,in calculating lump-sum distributions paid to a class of participants who left their employment before reaching normal retirement age on Aug. 24 ordered that the plan pay the class more than $18.67 million in additional plan benefits and prejudgment interest (Lawrence G. Ruppert, et al. v. Alliant Energy Cash Balance Pension Plan, No. 08-127, W.D. Wis.; 2012 U.S. Dist. LEXIS 120432).
WILMINGTON, Del. - Bankrupt solar energy company Solyndra LLC on Aug. 20 moved in the U.S. Bankruptcy Court for the District of Delaware for an order approving an agreement with one of its creditors that supplied material for solar panels under which Solyndra agrees to surrender any claim to the material or the technology that was used to create it (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.). Subscribers may view the motion available within the full article.
MONTGOMERY, Ala. - The Alabama Supreme Court on Aug. 17 found no evidence that a commercial general liability provider submitted its nominees to fill a spot on an arbitration panel in bad faith or had knowledge of any bias on the nominees' parts (Lexington Insurance Co., et al. v. Southern Energy Homes Inc., No. 1091617, Ala. Sup.; 2012 Ala. LEXIS 102).
NEW YORK - Bankrupt energy company Dynegy Holdings LLC on Aug. 16 moved in the U.S. Bankruptcy Court for the Southern District of New York for approval to proceed with an asset sale that would allow it to unload two power plants (In Re: Dynegy Holdings LLC, No. 11-38111, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the motion available within the full article.
NEW YORK - A creditor in the Chapter 11 bankruptcy proceeding of MF Global Holdings Ltd. (MFGH) on Aug. 16 filed an adversary complaint in the U.S. Bankruptcy Court for the Southern District of New York against two of MFGH's entities, seeking declaratory judgment resolving a controversy related to a $20 million loan, the money from which was used for trading with MFGH (Mercuria Energy America Inc. v. MF Global Finance USA Inc., et al. (In Re: MF Global Holdings Ltd.), No. 11-15059, Chapter 11, S.D. N.Y. Bkcy.). View related prior history, 2012 U.S. Dist. LEXIS 73993.
HOUSTON - A Texas federal judge on Aug. 1 denied a company's request for additional attorney fees it incurred for work that allegedly was required by the unjustified refusal of an entity to abide by an arbitration award issued by the American Arbitration Association (AAA), finding that the time spent in relation to confirmation of the award was spent on at least one issue that was not frivolous (Tricon Energy Ltd. v. Vinmar International Ltd., No. 4:10-cv-05260, S.D. Texas; 2012 U.S. Dist. LEXIS 107563).
WILMINGTON, Del. - Bankrupt solar energy company Solyndra LLC, which received a $535 million grant from the U.S. Department of Energy (DOE) before filing for Chapter 11 bankruptcy, on July 27 filed its plan of reorganization, which would repay little, if any, of the DOE loan (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.).
RICHMOND, Va. - A South Carolina welding company failed to show that two former employees violated the Computer Fraud and Abuse Act (CFAA) when they allegedly downloaded proprietary information and used it once they switched employers and started working for a competitor, the Fourth Circuit U.S. Court of Appeals ruled July 26 (WEC Carolina Energy Solutions LLC v. Willie Miller, a/k/a Mike, et al., No. 11-1201, 4th Cir.; 2012 U.S. App. LEXIS 15441).
CHICAGO - Directors and officers moving to dismiss a shareholder suit in an Illinois federal court on July 20 say the shareholder failed to show why the directors and officers owed a fiduciary duty to the shareholder (Super Pawn Jewelry & Loan, doing business as Gemrush v. American Environmental Energy, Inc., No. 11-cv-08894, N.D. Ill.). Subscribers may view the brief available within the full article.
LOS ANGELES - A retirement system has properly pleaded falsity and scienter in making its federal securities law claims against a Chinese company and others, a federal judge in California ruled July 12 in denying the company's motion to dismiss (Larry Brown v. China Integrated Energy Inc., et al., No. 11-2559, C.D. Calif.; 2012 U.S. Dist. LEXIS 97128).
MIAMI - A Florida federal judge granted a company's application for judicial assistance in obtaining discovery for use in an arbitration dispute with the government of Canada pending under the North American Free Trade Agreement (NAFTA) and denied an energy resources company's motion to quash subpoenas (In Re Application of Mesa Power Group LLC., No. 11-24335, S.D. Fla.; 2012 U.S. Dist. LEXIS 97329).
CINCINNATI - A pension plan did not act arbitrarily and capriciously by denying a participant's request for a rollover distribution of the balance in his plan to an individual retirement account (IRA), the Sixth Circuit U.S. Court of Appeals affirmed July 5 in an unpublished opinion, concluding that the plan reasonably interpreted the plan to not authorize a lump-sum distribution to the participant (William J. Scheib v. Retirement Program Plan for Employees of Certain Employers at the U.S. Department of Energy Facilities at Oak Ridge, Tennessee, et al., No. 10-6150, 6th Cir.; 2012 U.S. App. LEXIS 13751).
NEW YORK - Energy company Dynegy Inc. filed for Chapter 11 bankruptcy on July 6 in the U.S. Bankruptcy Court for the Southern District of New York, citing liabilities greater than $5.13 billion and seeking joint administration of its bankruptcy proceeding with its wholly owned subsidiary Dynegy Holdings LLC, which filed for bankruptcy in 2011 (In Re: Dynegy Inc., No. 12-36728, Chapter 11, S.D. N.Y. Bkcy.). Subscribers may view the petition available within the full article.
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Solyndra LLC on July 3 issued an order authorizing Solyndra to conduct a second sale of its core assets following an auction free and clear of all encumbrances pursuant to 11 U.S. Code Sections 105(A) and 363 (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.). Subscribers may view the order available within the full article.
WASHINGTON, D.C. - The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) on July 2 announced that it has proposed imposing a $3.7 million civil penalty and lodging 24 enforcement actions against Enbridge Energy Partners LP over an oil spill on July 25, 2010, near Marshall, Mich.
RALEIGH, N.C. - A North Carolina appeals court on June 19 affirmed a trial judge's decision to affirm a summary ejectment order made against two tenants who stopped paying rent after a mold discovery, finding that there was enough evidence to show that a tenant and landlord relationship existed between the parties (Edith Raether v. GCO Energy Corp., et al., No. COA12-86, N.C. App.; 2012 N.C. App. LEXIS 750).
WILMINGTON, Del. - Bankrupt solar energy company Solyndra LLC on June 15 moved the U.S. Bankruptcy Court for the District of Delaware to officially enter an order on extending and increasing its post-petition financing based on an agreement Solyndra had reached with the U.S. trustee and other parties (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.). Subscribers may view the motion available within the full article.