SEATTLE - A shareholder in a Chinese coal energy company told a federal court in Washington state on Dec. 9 that the company's directors and officers have made false and misleading statements about the company's holdings and its alleged revenues (Jay Finkelstein v. Dickson V. Lee, et al., No. 13-cv-2197, W.D. Wash.).
SEATTLE - A lead plaintiff in a securities class action lawsuit against a mining company and certain of its current and former executive officers has properly pleaded falsity and scienter in making his federal securities law claims, a federal judge in Washington ruled Dec. 2 in denying the defendants' motion to dismiss (In re L&L Energy Inc. Securities Litigation, No. 11-1423, W.D. Wash.).
WILMINGTON, Del. - US Bank National Association on Dec. 3 filed an adversary complaint in the U.S. Bankruptcy Court for the District of Delaware seeking declaratory relief against a creditor of bankrupt energy company Evergreen Solar Inc., contending that certain patents that were part of an asset purchase agreement (APA) belong to the bank (US Bank National Association v. Max Era Properties $(In Re: Evergreen Solar Inc.$), No. 11-12590, Chapter 11. D. Del. Bkcy.).
WILMINGTON, Del. - The ad hoc noteholders group in the Chapter 11 bankruptcy of Greenfield Energy Services Inc. (GFES) on Nov. 25 filed a brief in the U.S. Bankruptcy Court for the District of Delaware supporting a $30 million post-petition financing loan, also referred to as debtor-in-possession (DIP) financing (In Re: Greenfield Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).
GRAND RAPIDS, Mich. - After in camera review of expert retainer letters the defendant had said were excessively redacted, a Michigan federal magistrate judge on Nov. 14 ordered plaintiffs to produce the letters in litigation with a Canadian company whose pipeline burst in Marshall, Mich., spilling tar sands oil laced with benzene into the Kalamazoo River (Fredonia Farms LLC, et al. v. Enbridge Energy Partners L.P., No. 1:12-cv-01005, W.D. Mich.).
NEW YORK - Copyright infringement defendant Monster Energy Co. on Nov. 4 failed to persuade a New York federal judge to allow it to sue the disk jockey (DJ) who provided Monster with the allegedly infringing work (Beastie Boys, et al. v. Monster Energy Company, No. 12-6065, S.D. N.Y.).
JACKSONVILLE, Fla. - An insurer is not required to produce pending claims files related to pollution liability and environmental contamination coverage until after those claims are decided, a Florida federal magistrate judge said Nov. 1 (First Coast Energy LLP v. Mid-Continent Casualty Co., No. 12-281, M.D. Fla.; 2013 U.S. Dist. LEXIS 157039).
GRAND RAPIDS, Mich. - A Michigan federal judge said the court has personal jurisdiction over a subsidiary of the Canadian company whose pipeline burst in Marshall, Mich., spilling tar sands oil laced with benzene into the Kalamazoo River (Fredonia Farms LLC, et al. v. Enbridge Energy Partners L.P., No. 1:12-cv-01005, W.D. Mich.).
CHICAGO - An arbitrator erred in ruling that a tire manufacturing company was responsible for paying the salaries of a union's president and benefit representative, a Seventh Circuit U.S. Court of Appeals panel ruled Nov. 1 (Titan Tire Corporation of Freeport, Inc. v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, et al., No. 12-1152, 7th Cir.; 2013 U.S. App. LEXIS 22298).
POCATELLO, Idaho - Because a plaintiff has not shown that an allegedly infringing software program is actually similar to its own, an Idaho federal judge on Oct. 29 denied the plaintiff's motion for a preliminary injunction (Battelle Energy Alliance LLC v. Southfork Security Inc., et al., No. 4:13-cv-00442, D. Idaho; 2013 U.S. Dist. LEXIS 155957).
WILMINGTON, Del. - Green Field Energy Services Inc. (GFES), an oil and gas company that engages in the practice known as "fracking," on Oct. 27 filed for Chapter 11 bankruptcy and sought $45 million in post-petition financing to boost its restructuring efforts (In Re: Green Field Energy Services Inc., No. 13-12783, Chapter 11, D. Del. Bkcy.).
SACRAMENTO, Calif. - Whirlpool Corp.'s alleged misrepresentation of its refrigerators' compliance with Energy Star program requirements supports unfair and fraudulent claims under the California unfair competition law (UCL), a federal judge held Oct. 25 (Kyle Dei Rossi and Mark Linthicum, et al. v. Whirlpool Corp., No. 12-125, E.D. Calif.; 2013 U.S. Dist. LEXIS 153682).
GRAND RAPIDS, Mich. - A Michigan federal judge denied summary judgment against the Canadian company whose pipeline burst in Marshall, Mich., spilling tar sands oil laced with benzene into the Kalamazoo River, saying Oct. 23 that plaintiffs misread the law regarding an assumption of negligence (Fredonia Farms LLC, et al. v. Enbridge Energy Partners L.P., No. 1:12-cv-01005, W.D. Mich.).
WILMINGTON, Del. - The trustee in the Chapter 11 bankruptcy proceeding of alternative energy company Solyndra LLC on Oct. 16 filed an adversary complaint in the U.S. Bankruptcy Court for the District of Delaware, arguing that a creditor's claims should be denied because the mechanic's liens on which the claims are based are "invalid" (R. Todd Nielson v. D.W. Nicholson Corporation $(In Re: Solyndra LLC$), No. 11-12799, Chapter 11, D. Del. Bkcy.).
NEW HAVEN, Conn. - A plaintiff company in a breach of contract and misappropriation of trade secrets lawsuit was ordered by a federal magistrate judge in Connecticut on Oct. 15 to produce a privilege log for withheld documents after the magistrate found that the defendants' request was timely (Powerweb Energy Inc. v. Hubbell Lighting Inc., et al., No. 12CV220, D. Conn.; 2013 U.S. Dist. LEXIS 148083).
WASHINGTON, D.C. - The U.S Supreme Court on Oct. 15 granted petitions for writs of certiorari in six cases involving the U.S. Environmental Protection Agency's regulation of greenhouse gases but limited the question as to whether the agency properly found that its regulation of greenhouse gas emissions from new motor vehicles triggered its permitting requirements under the Clean Air Act (CAA) for stationary sources that emit greenhouse gases (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.).
SCRANTON, Pa. - Susquehanna County, Pa., residents seeking to recover in the U.S. District Court for the Middle District of Pennsylvania for alleged contamination of their residential well water with hydraulic fracturing chemicals were granted access on Oct. 11 to seismic data and open hole logs from a natural gas extraction company defendant and a contractor for the defendant that is a nonparty in the litigation (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.; 2013 U.S. Dist. LEXIS 147318).
PHOENIX - Lead plaintiffs in a securities class action lawsuit against an energy company and certain of its current and former officers and directors have properly met the statutory requirements for class certification, a federal judge in Arizona ruled Oct. 8 (Mark Smilovits v. First Solar Inc., et al., No. 12-0555, D. Ariz.).
HOUSTON - A trial court correctly found that a damages expert's valuation of an energy company was unreliable and should not have been heard by a jury considering a partnership dispute, but the court erred in granting the defendants judgment notwithstanding the verdict (JNOV) on the $1.98 million verdict because there was some evidence of damages, a First District Texas Court of Appeals panel held Oct. 3 (Javier A. Vega v. Fulcrum Energy, et al., No. 01-12-00134-CV, Texas App., 1st Dist.; 2013 Tex. App. LEXIS 12323).
HOUSTON - A unanimous First District Texas Court of Appeals panel affirmed summary judgment Oct. 3 for a natural gas extraction company accused of failing to respond to a natural gas royalty owner's request for information about the calculation of royalties (Lee Perry v. Devon Energy Corp., et al., No. 12-675, Texas App., 1st Dist.; 2013 Tex. App. LEXIS 12322).
NEW YORK - After finding that it lacked jurisdiction over a dispute and that no agreement to arbitrate a dispute existed, a New York federal judge on Oct. 2 granted an energy company's motion to dismiss a petition to compel arbitration in India (Mridul K. Pathak, et al. v. Molopo Energy Ltd., No. 13-2812, S.D. N.Y.; 2013 U.S. Dist. LEXIS 142724).
WILMINGTON, Del. - The trustee in the Chapter 11 bankruptcy of alternative energy company Solyndra LLC on Oct. 2 filed a brief arguing that creditors' reclamation requests should be denied or, "at best," reclassified as general unsecured claims (In Re: Solyndra LLC, No. 11-12799, Chapter 11, D. Del. Bkcy.).
LITTLE ROCK, Ark. - A $300,000 jury award for the owner a White County, Ark., residence who alleges that vibrations from drilling wells caused $55,000 in damage to the property was upheld Sept. 30 in the U.S. District Court for the Eastern District of Arkansas against a natural gas extraction company (Ruby Hiser v. XTO Energy Inc., No. 11-517, E.D. Ark.; 2013 U.S. Dist. LEXIS 140667).
CINCINNATI - A Sixth Circuit U.S. Court of Appeals majority affirmed a lower court decision on Sept. 16, agreeing with the lower court that a shareholder had not shown specific facts why presuit demand upon a company's board of directors would have been futile (Patrick P. Lukas, Derivatively on Behalf of Miller Energy Resources, Inc., v. Merrill A. McPeak, et al., No. 12-6285, 6th Cir.; 2013 U.S. App. LEXIS 19295).
THE HAGUE, Netherlands - A procedural order requiring the production of documents in a dispute in which an energy company alleges that Canada violated the North American Free Trade Agreement (NAFTA) was released by the Permanent Court of Arbitration (PCA) on Sept. 13 (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).