Mealey's Litigation Procedure - English Court Refuses To Set Aside Award For Canadian Energy Firm

VANCOUVER, British Columbia - An energy resource company on Dec. 19 announced that an English high court has refused to set aside an arbitration award that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration.

Mealey's Litigation Procedure - Hong Kong Establishes International Arbitration Advisory Committee

HONG KONG - The Hong Kong Department of Justice (DoJ) on Dec. 18 announced the establishment of an advisory committee, as a means of promoting Hong Kong as a leading center for international arbitration.

Mealey's Litigation Procedure - ICSID Denies Requests By Parties To Correct $740 Million Award

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 15 denied requests filed by a gold mining company and the Bolivarian Republic of Venezuela to correct alleged errors in a $740.3 million award issued in relation to the expropriation of a mining project (Gold Reserve Inc. v. Bolivarian Republic of Venezuela, No. ARB[AF]/09/1, ICSID).

Mealey's PI/Product Liability - Perini, MGM Resolve Lawsuit Over Construction Of CityCenter Project

LAS VEGAS - MGM Mirage Resorts International, CityCenter Holdings LLC and Infinity World Development Corp. on Dec. 16 agreed to pay $195 million to resolve a lawsuit brought by Perini Building Co. over the construction of the CityCenter project in Los Vegas, according to a Securities and Exchange Commission filing by MGM Mirage (Perini Building Co. v. MGM Mirage Design Group, No. A-10-612676-B, Nev. Dist., Clark Co.).

Mealey's IP/Tech - Judge Grants Google's Request For Discovery For Use In International Cases

OAKLAND, Calif. - After finding that a discovery request for information on license agreements would not unduly burden a company, a California federal judge on Dec. 15 granted a request by several Google entities to obtain discovery for use in two international arbitrations (In re Application of Google Inc., et al., No. 14-mc-80333, N.D. Calif.; 2014 U.S. Dist. LEXIS 173085).

Mealey's Litigation Procedure - Judge Grants Google's Request For Discovery For Use In International Cases

OAKLAND, Calif. - After finding that a discovery request for information on license agreements would not unduly burden a company, a California federal judge on Dec. 15 granted a request by several Google entities to obtain discovery for use in two international arbitrations (In re Application of Google Inc., et al., No. 14-mc-80333, N.D. Calif.; 2014 U.S. Dist. LEXIS 173085).

Mealey's PI/Product Liability - Families Of Sandy Hook Shooting Victims File Suit Against Rifle Manufacturer

BRIDGEPORT, Conn. - The families of nine of the victims who died and a woman who was injured in the December 2012 school shooting at Sandy Hook Elementary School in filed suit in Connecticut state court Dec. 13 against Bushmaster Firearms International LLC, manufacturer of the rifle used in the assault, several other manufacturers and distributors and the shop that sold the rifle used in the assault to the mother of the assailant, Adam Lanza (Donna L. Soto, et al. v. Bushmaster Firearms International LLC, et al., No. N/A, Conn. Super., Fairfield Jud. Dist.).

Mealey's Labor & Employment - Federal Judge Refuses To Grant New Trial On Worker's Mold Claims

ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on Dec. 11 found that the court did not err when it previously refused to allow an internal revenue worker's experts to testify on causation in relation to her alleged mold-related injuries and refused to grant her a new trial (Lorraine Smith v. Sydney Katz, No. 2010-39, D. Virgin Islands; 2014 U.S. Dist. LEXIS 47493).

Mealey's Toxic Tort/Environmental - Federal Judge Refuses To Grant New Trial On Worker's Mold Claims

ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on Dec. 11 found that the court did not err when it previously refused to allow an internal revenue worker's experts to testify on causation in relation to her alleged mold-related injuries and refused to grant her a new trial (Lorraine Smith v. Sydney Katz, No. 2010-39, D. Virgin Islands; 2014 U.S. Dist. LEXIS 47493).

Mealey's IP/Tech - Federal Judge Refuses To Vacate $112 Million Award In Patent Dispute

WILMINGTON, Del. - A Delaware federal judge on Dec. 10 denied a corporation's motion to vacate a $112 million arbitration award issued by the International Chamber of Commerce (ICC) in a patent dispute, finding that the tribunal and two other courts have already ruled on the issue and that abstention by the district court was warranted (Tessera Inc. v. Amkor Technology Inc., No. 12-852, D. Del.; 2014 U.S. Dist. LEXIS 170685).

Mealey's Litigation Procedure - Federal Judge Refuses To Vacate $112 Million Award In Patent Dispute

WILMINGTON, Del. - A Delaware federal judge on Dec. 10 denied a corporation's motion to vacate a $112 million arbitration award issued by the International Chamber of Commerce (ICC) in a patent dispute, finding that the tribunal and two other courts have already ruled on the issue and that abstention by the district court was warranted (Tessera Inc. v. Amkor Technology Inc., No. 12-852, D. Del.; 2014 U.S. Dist. LEXIS 170685).

Mealey's Litigation Procedure - International Chamber Of Commerce To Launch New Expert Rules

PARIS - The International Chamber of Commerce (ICC) on Dec. 9 announced that its new expert rules will launch in January.

Mealey's IP/Tech - Illinois Federal Judge: Patent Case Qualifies As Exceptional

CHICAGO - Although denying a request by declaratory judgment patent plaintiff Chicago Board Options Exchange Inc. (CBOE) for reimbursement of fees it incurred with various expert witnesses, an Illinois federal judge on Dec. 10 awarded CBOE its attorney fees after finding that the dispute over CBOE's screen-based trading system "CBOEdirect" became "exceptional" following a May 2012 ruling by the Federal Circuit U.S. Court of Appeals (Chicago Board Options Exchange Inc. v. International Securities Exchange LLC, No. 07-623, N.D. Ill.; 2014 U.S. Dist. LEXIS 170651).

Mealey's Insurance - Judge: Insured's Claims Of Wrongful Investigation, Denial Of Coverage Fail

MCALLEN, Texas - Allegations that an insurer wrongly investigated or denied a claim for hailstorm damage fail, a Texas federal judge held Dec. 9, granting summary judgment to the insurer on claims for breach of contract, Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) violations, unfair insurance practices and breach of the duty of good faith and fair dealing (Carlos Alaniz v. Sirius International Insurance Corp., No. 14-215, S.D. Texas; 2014 U.S. Dist. LEXIS 169908).

Mealey's Labor & Employment - 11th Circuit Affirms Ruling Compelling Arbitration Of Claims Against Cruise Line

ATLANTA - After finding that all jurisdictional prerequisites were met and that a seaman's claims against his employer fell within the scope of a collective bargaining agreement, the 11th Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's ruling compelling arbitration under Italian law (Ralph Jonathan Alvarado Vera v. Cruise Ships Catering and Services International, et al., No. 14-12494, 11th Cir.; 2014 U.S. App. LEXIS 23004).

Mealey's Litigation Procedure - 11th Circuit Affirms Ruling Compelling Arbitration Of Claims Against Cruise Line

ATLANTA - After finding that all jurisdictional prerequisites were met and that a seaman's claims against his employer fell within the scope of a collective bargaining agreement, the 11th Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's ruling compelling arbitration under Italian law (Ralph Jonathan Alvarado Vera v. Cruise Ships Catering and Services International, et al., No. 14-12494, 11th Cir.; 2014 U.S. App. LEXIS 23004).

Mealey's Litigation Procedure - PCA Will Hear The Netherlands Convention Claims Against Russia

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Dec. 5 released its award on jurisdiction in a dispute between the Kingdom of the Netherlands against the Russian Federation over the seizure of a vessel that is operated by Greenpeace International, finding that it has jurisdiction over the case (The Netherlands v. Russia, PCA).

Mealey's Litigation Procedure - Tribunal Awards Oil And Gas Fund $5 Million In Loan Agreement Dispute

TORONTO - A Canadian energy corporation on Dec. 2 announced that an international arbitration tribunal has issued an award against it in a dispute with an oil and gas fund.

Mealey's PI/Product Liability - Defendants Urge Continued Severance Of Punitive Damages In Asbestos MDL

PHILADELPHIA - The policy reasons behind the severance of punitive damages in the federal asbestos litigation remain, various defendants argue in Nov. 26 briefs urging the judge overseeing the litigation to continue the practice (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856, Gerald Morris and Barbara Morris v. Honeywell International Inc., et al., No. 13-6591, E.D. Pa.).

Mealey's Litigation Procedure - Defendants Urge Continued Severance Of Punitive Damages In Asbestos MDL

PHILADELPHIA - The policy reasons behind the severance of punitive damages in the federal asbestos litigation remain, various defendants argue in Nov. 26 briefs urging the judge overseeing the litigation to continue the practice (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856, Gerald Morris and Barbara Morris v. Honeywell International Inc., et al., No. 13-6591, E.D. Pa.).

Mealey's Labor & Employment - Defendants Urge Continued Severance Of Punitive Damages In Asbestos MDL

PHILADELPHIA - The policy reasons behind the severance of punitive damages in the federal asbestos litigation remain, various defendants argue in Nov. 26 briefs urging the judge overseeing the litigation to continue the practice (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856, Gerald Morris and Barbara Morris v. Honeywell International Inc., et al., No. 13-6591, E.D. Pa.).

Mealey's Insurance - Defendants Urge Continued Severance Of Punitive Damages In Asbestos MDL

PHILADELPHIA - The policy reasons behind the severance of punitive damages in the federal asbestos litigation remain, various defendants argue in Nov. 26 briefs urging the judge overseeing the litigation to continue the practice (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856, Gerald Morris and Barbara Morris v. Honeywell International Inc., et al., No. 13-6591, E.D. Pa.).

Mealey's Toxic Tort/Environmental - Defendants Urge Continued Severance Of Punitive Damages In Asbestos MDL

PHILADELPHIA - The policy reasons behind the severance of punitive damages in the federal asbestos litigation remain, various defendants argue in Nov. 26 briefs urging the judge overseeing the litigation to continue the practice (Kenneth McAfee and Shirley McAfee v. 20th Century Glove Corporation of Texas, et al., No. 13-6856, Gerald Morris and Barbara Morris v. Honeywell International Inc., et al., No. 13-6591, E.D. Pa.).

Mealey's Litigation Procedure - Federal Judge Finds Arbitrator And ICC Immune From Lawsuit

NEW YORK - A New York federal judge on Nov. 26 found that the International Chamber of Commerce (ICC) and an arbitrator were immune from suit under a banking and financial advisory services agreement, granting their motion to dismiss the case and for sanctions (Landmark Ventures Inc. v. Stephanie Cohen, et al., No. 13-9044, S.D. N.Y.; 2014 U.S. Dist. LEXIS 165366).

Mealey's Litigation Procedure - California Appeals Court Finds Petition To Correct Award Was Untimely

SAN FRANCISCO - A California appeals court on Nov. 25 affirmed a trial court's decision to dismiss a technology corporation's appeal of a ruling to deny its request for correction of an international arbitration award, finding that the petition was untimely and lacked merit (Amkor Technology Inc. v. Tessera Inc., No. A139596, Calif. App., 1st Dist., Div. 3).