LexisNexis® Legal Newsroom
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).

Mealey's Toxic Tort/Environmental - 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).

Mealey's Litigation Procedure - Pennsylvania Federal Judge Excludes Experts Designated To Identify Fly Ash Source

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered orders March 13 excluding the expert testimony of a geologist and an environmental scientist designated by the plaintiffs to identify the fly ash on their properties; the opinions would not help the trier of fact because they are unable to determine when the fly ash was deposited on the plaintiffs' properties, according to the judge (David Patrick, et al v. FirstEnergy Generation Corp., et al., No. 08-1025, W.D. Pa.; Robert Price, et al. v. FirstEnergy Generation Corp., No 08-1030, W.D. Pa.; 2014 U.S. Dist. LEXIS 32338; 2014 U.S. Dist. LEXIS 32340).

Mealey's Toxic Tort/Environmental - Pennsylvania Federal Judge Excludes Experts Designated To Identify Fly Ash Source

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered orders March 13 excluding the expert testimony of a geologist and an environmental scientist designated by the plaintiffs to identify the fly ash on their properties; the opinions would not help the trier of fact because they are unable to determine when the fly ash was deposited on the plaintiffs' properties, according to the judge (David Patrick, et al v. FirstEnergy Generation Corp., et al., No. 08-1025, W.D. Pa.; Robert Price, et al. v. FirstEnergy Generation Corp., No 08-1030, W.D. Pa.; 2014 U.S. Dist. LEXIS 32338; 2014 U.S. Dist. LEXIS 32340).

Mealey's Bankruptcy - Energy Company: Asset Sale Plan Complies With Law On Confidential Information

WILMINGTON, Del. - Bankrupt oil and gas company Green Field Energy Services Inc. (GFES) on March 11 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that its asset sale order protects all confidential information related to federal laws that may be involved with selling its equipment to third parties (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Creditor: Green Field Asset Sale Would Not Bring In $5.08M Owed Under Contract

WILMINGTON, Del. - A creditor in the Chapter 11 bankruptcy of oil and gas company Green Field Energy Services Inc. (GFES) on March 10 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the company's plan to sell certain assets on grounds that the sale would not generate the $5,089,433.11 that the creditor contends it is guaranteed based on a lease agreement between the parties (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).

Mealey's Litigation Procedure - Expert Testimony Limited In Pennsylvania Stack Ash Case Alleging Heavy Metal Injury

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 7 granting in part defense motions to limit expert opinions with respect to the distribution of heavy metals near the power plant, cleanup efforts by the defendant and the persistence of compounds in the soil in a thallium exposure lawsuit (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 29419).

Mealey's Toxic Tort/Environmental Expert Testimony Limited In Pennsylvania Stack Ash Case Alleging Heavy Metal Injury

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 7 granting in part defense motions to limit expert opinions with respect to the distribution of heavy metals near the power plant, cleanup efforts by the defendant and the persistence of compounds in the soil in a thallium exposure lawsuit (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.; 2014 U.S. Dist. LEXIS 29419).

Mealey's Bankruptcy - Energy Company's Liquidation Plan Calls For Full Recovery For Most Creditors

WILMINGTON, Del. - Bankrupt Green Field Energy Services Inc. (GFES) on March 6 filed a liquidation plan disclosure statement in the U.S. Bankruptcy Court for the District of Delaware that proposes full recovery for most creditors (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).

Mealey's Litigation Procedure - Causation Experts Admitted In Pennsylvania Stack Ash Case Alleging Thallium Injury

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 5 denying cross-motions to exclude general and specific causation expert opinions in a thallium exposure lawsuit (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.;2014 U.S. Dist. LEXIS 27755).

Mealey's Toxic Tort/Environmental - Causation Experts Admitted In Pennsylvania Stack Ash Case Alleging Thallium Injury

PITTSBURGH - The U.S. District Court for the Western District of Pennsylvania judge presiding over consolidated lawsuits alleging personal injury and property damage claims against the operator of a coal-fired electricity plant in western Pennsylvania entered an order March 5 denying cross-motions to exclude general and specific causation expert opinions in a thallium exposure lawsuit (Michael Hartle, et uxor v. FirstEnergy Generation Corp., No. 08-1019, W.D. Pa.;2014 U.S. Dist. LEXIS 27755).

Mealey's Bankruptcy - Bankrupt Uranium Enrichment Company USEC Seeks OK Of Reorganization Plan

WILMINGTON, Del. - Bankrupt USEC Inc., a global energy company that provides low-enriched uranium (LEU) for commercial nuclear power plants, on March 5 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of its Chapter 11 reorganization plan (In Re: USEC Inc., No. 14-10475, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Uranium Enrichment Company Files For Bankruptcy, Citing $1.07 Billion In Debt

WILMINGTON, Del. - A global energy company that provides low-enriched uranium (LEU) for commercial nuclear power plants on March 5 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware, citing debts of $1.07 billion and assets of only $70 million (In Re: USEC Inc., No. 14-10475, Chapter 11, D. Del. Bkcy.).

Mealey's Securities/D&O Liability - Lead Plaintiff Failed To Plead Scienter In Securities Class Action, Judge Rules

NEW YORK - In a ruling made available on Feb. 26, a federal judge in New York dismissed federal securities law claims against an auditor for a Chinese company, ruling that claims that the auditor engaged in an illegal reverse merger scheme failed because the lead plaintiff did not properly plead scienter (Bhushan Athale v. SinoTech Energy Limited, et al., No. 11-5831, S.D. N.Y.; 2014 U.S. Dist. LEXIS 22996).

Mealey's Toxic Tort/Environmental - 4th Circuit Panel Affirms Gas Lease Quiet Title Ruling From Northern West Virginia

RICHMOND, Va. - A unanimous Fourth Circuit U.S. Court of Appeals panel affirmed a quiet title decision on Feb. 25 in a natural gas lease dispute in the Northern District of West Virginia (Trans Energy Inc., et al. v. EQT Production Co., No. 12-2553, 4th Cir.).

Mealey's Litigation Procedure - Judge Seals International Award Issued In Consulting Contract Dispute

DALLAS - A Texas federal judge on Feb. 24 granted a motion filed by two energy companies to seal a consulting firm's petition to confirm an international arbitration award, finding that a confidentiality agreement between the parties weighed in favor of sealing the petition and related documents (The Decapolis Group LLC v. Mangesh Energy Ltd., et al., No. 3:13-cv-1547, N.D. Texas; 2014 U.S. Dist. LEXIS 23131).

Mealey's Toxic Tort/Environmental - High Court Hears Arguments On EPA's Ability To Regulate Greenhouse Gases

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 24 heard oral arguments on whether the U.S. Environmental Protection Agency overstepped its bounds by regulating greenhouse gas emissions from stationary sources such as power plants (Utility Air Regulatory Group v. U.S. Environmental Protection Agency, et al., No. 12-1146, American Chemistry Council v. U.S. Environmental Protection Agency, et al., No. 12-1248, Energy-Intensive Manufacturers Working Group on Greenhouse Gas Regulation v. U.S. Environmental Protection Agency, et al., No. 12-1254, Southeastern Legal Foundation v. U.S. Environmental Protection Agency, et al., No. 12-1268, Texas, et al. v. U.S. Environmental Protection Agency, et al., No. 12-1269, Chamber of Commerce v. U.S. Environmental Protection Agency, et al., No. 12-1272, U.S. Sup.).

Mealey's Litigation Procedure - Ohio Appeals Panel Affirms Stay Pending Arbitration In Gas Lease Assignment Suit

YOUNGSTOWN, Ohio - A unanimous Ohio Seventh District Court of Appeals panel affirmed in part a stay pending arbitration in an opinion posted Feb. 18; the parties in the putative class action are property owners and oil and natural gas companies that dispute the assignment of so-called deep rights under oil and natural gas leases (William E. Riggs, et al. v. Patriot Energy Partners, et al., No. 11-877, Ohio App., 7th Dist.; 2014 Ohio 558; 2014 Ohio App. LEXIS 541).