CANBERRA, Australia - An Australia court on March 13 dismissed an application filed by a Chinese air conditioning company in relation to the enforcement of an arbitral award issued against it and in favor of an Australia company, rejecting an argument that the jurisdiction conferred to the Federal Court of Australia in an application made under Article 35 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration was incompatible with Chapter III of the Commonwealth of Australia Constitution (TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia $(2013$) HCA 5, Australia High).
WASHINGTON, D.C. - A federal judge in the District of Columbia on March 1 dismissed an investor's securities class action lawsuit, ruling that he lacked subject matter jurisdiction over the investor's state law claims (Kathryn Lynn Campbell v. American International Group Inc., No. 12-115, D. D.C.; 2013 U.S. Dist. LEXIS 28723).
WASHINGTON, D.C. - A federal judge in Washington on March 1 dismissed a shareholder's suit, noting that the parties do not have complete diversity and that the claims are all under state laws (Kathryn Lynn Campbell v. American International Group, Inc., et al., No. 12-cv-00115, D. D.C.).
WASHINGTON, D.C. - In a 5-4 opinion, the U.S. Supreme Court on Feb. 26 held that Amnesty International USA and others lacked standing to bring a constitutional challenge to an amended portion of the Foreign Intelligence Surveillance Act of 1978 (FISA) under a "theory of future injury" they will purportedly face with broader surveillance powers extended to the U.S. government under the amendment (James R. Clapper Jr., et al. v. Amnesty International USA, et al., No. 11-1025, U.S. Sup.; 2013 U.S. LEXIS 1858).
NEW YORK - A New York federal judge on Feb. 15 granted a Canadian company's request to compel arbitration of a dispute over satellite communication services but refused to appoint an arbitral authority, finding that the authority must be appointed in accordance with the Rules of Conciliation and Arbitration of the United Nations Commission of International Trade Law (UNCITRAL Rules) (In the Matter of the Petition of the Arbitration Between Telesant Canada v. Planetsky, Ltd., No. 12 Civ. 3743, S.D. N.Y.; 2013 U.S. Dist. LEXIS 2120).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 8 allowed certain objections to jurisdiction asserted by the Bolivarian Republic of Venezuela in relation to claims asserted against it by investment and marine companies but allowed certain claims asserted under a bilateral investment treaty to proceed (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).
SAN FRANCISCO - A woman's claim that she purchased a device from Taser International Inc. based on misrepresentations regarding its usability satisfy injury-in-fact standards, but she insufficiently pleads her California unfair competition law (UCL) and false advertising claims, a federal judge in California held Jan. 15 (Chiko Katiki v. Taser International Inc., No. 12-5519, N.D. Calif.; 2013 U.S. Dist. LEXIS 6109).
LOS ANGELES - A federal judge in California on Jan. 14 dismissed a federal securities law claim against an independent auditor, ruling that the lead plaintiff failed to properly plead subjective falsity (Susan Hufnagle v. Rino International Corp., et al., No. 10-8695, C.D. Calif.; 2013 U.S. Dist. LEXIS 6095).
NEW YORK - A class of current and former interns for "The Charlie Rose Show" filed a motion Dec. 18 in the New York County Supreme Court to settle their suit seeking recovery of unpaid minimum wages due to alleged violations of the New York Labor Law (NYLL) (Lucy Bickerton, et al. v. Charles Rose, et al., No. 650780/2012, N.Y. Sup., New York Co.).
WASHINGTON, D.C. - Bankrupt Eastman Kodak Co. on Dec. 10 filed a brief in the Federal Circuit U.S. Court of Appeals arguing that the International Trade Commission (ITC) erred when it affirmed an administrative law judge's (ALJ) ruling that Kodak's digital-imaging patent claim was invalid (Eastman Kodak Company v. International Trade Commission, et al., No. 2012-1588, Chapter 11, Fed. Cir.).
CHICAGO - Citing the previously unsettled state of case law regarding the production of insurers' internal documents and a lack of bad faith in an insurer's handling requests for such documents, a Seventh Circuit U.S. Court of Appeals panel on Nov. 28 upheld a lower court's ruling that had limited an insured's damages against her health plan provider (Sharon Mondry v. American Family Mutual Insurance Co, et al., No. 10-3490 and 11-1750, 7th Cir.; 2012 U.S. App. LEXIS 24476).
NEW YORK - A New York federal judge on Nov. 16 granted a petition to confirm a $12,205,202 arbitration award issued in a dispute over a contract for the purchase and sale of fertilizer, finding that the law of the case doctrine was applicable (Oakley Fertilizer Inc., d/b/a Oakley International v. Hagrpota for Trading & Distribution Ltd., No. 11 Civ. 7799, S.D. N.Y.; 2012 U.S. Dist. LEXIS 165023).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government to monitor telephone and email communication involving foreign parties (John R. Clapper Jr., et al. v. Amnesty International USA, et al., No. 11-1025, U.S. Sup.).
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SYDNEY, Australia - An Australian justice on Oct. 26 rejected a company's argument that certain legislation impaired a court's authority and jurisdiction to review arbitration awards, refusing to grant a declaration in relation to the law (Ashjal Pty Ltd v Alfred Toepfer International (Australia) Pty Ltd.,  NSWSC 1306). Subscribers may view the judgment available within the full article.
SEATTLE - A Washington federal judge on Oct. 18 granted a petition to confirm an international arbitration award issued in favor of Canadian corporations in a dispute over a purchase agreement for the rights associated with certain fire retardant chemicals, finding that a group of American companies failed to show that the arbitrator's award showed manifest disregard for the law or went against public policy (Global Building Products Ltd., et al. v. Chemco Inc., No. 12-1017, W.D. Wash.; 2012 U.S. Dist. LEXIS 150317).
HOUSTON - A safety company's claim that a purchaser's alert containing misrepresentations damaged its reputation and sales sufficiently pleads a California unfair competition law (UCL) Cal. Bus. & Prof. Code § 17200, claim at the pleading stage, a Texas federal judge held Oct. 10 (Diamond Offshore Co. v. Survival Systems International Inc., No. 11-1701, S.D. Texas; 2012 U.S. Dist. LEXIS 145962).
NEW YORK - No coverage is owed to the successor company of an insured for underlying suits alleging injuries caused by exposure to popcorn butter flavoring products because the trial court incorrectly applied New York law rather than Illinois law, which follows a limited de facto merger exception, the First Department New York Supreme Court Appellate Division said Sept. 11 (International Flavors & Fragrances Inc., et al., v St. Paul Protective Insurance Co., No. 601723/08, N.Y. Sup., App. Div., 1st Dept.; 2012 N.Y. App. Div. LEXIS 6050).
WASHINGTON, D.C. - An administrative law judge presiding over the investigation initiated by the U.S. International Trade Commission (ITC) into patents held by bankrupt Eastman Kodak Co. on Aug. 23 ordered Kodak to produce a notebook belonging to one of the inventors of the disputed patents (In The Matter Of: Certain Electronic Devices For Capturing and Transmitting Images and Components Thereof, No. 337TA831, U.S. ITC). Subscribers may view the order to compel available within the full article.
WASHINGTON, D.C. - A federal appeals court on June 22 dismissed an appeal filed by a company of a lower court's decision that its complaint against a law firm was barred by the doctrine of res judicata, finding that the company failed to show that the firm knew of and participated in a bribery-racketeering conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) 18 U.S.C.S. §§ 1961 et seq.. in relation to an international arbitration case involving Grenada (RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, et al., No. 11-7101, D.C. Cir.; 2012 U.S. App. LEXIS 12784).
NEW YORK - The former independent outside auditor for The Bear Stearns Cos. Inc. agreed June 11 to pay nearly $20 million to settle shareholder claims that it failed to accurately monitor the financial giant's internal controls with regard to Bear Stearns' issuance of risky subprime mortgage-backed securities in violation of federal securities law (In re Bear Stearns Companies Inc. Securities, Derivative, and ERISA Litigation, MDL No. 08-md-1963, No. 08-2793, S.D. N.Y.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on June 1 found that it lacked jurisdiction over claims asserted by a mining company and its subsidiaries against the Republic of El Salvador under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA) but found that ICSID has jurisdiction to hear the company's claims asserted under investment law and that those claims can now proceed to the merits phase of the arbitration (Pac Rim Cayman LLC v. The Republic of El Salvador, No. ARB/09/12, ICSID). Subscribers may view the decision on jurisdiction available within the full update.
NEW YORK - New York state law does not prohibit as a matter of law resale price maintenance (RPM) agreements, a state appeals court ruled May 8 in affirming the dismissal of an action brought by the New York State Office of the Attorney General (OAG) against Tempur-Pedic International Inc. (People of the State of New York, etc. v. Tempur-Pedic International, Inc., No. 7572, 400837/10, N.Y. Sup., App. Div., 1st Dept.; 2012 N.Y. App. Div. LEXIS 3528).
BRIDGEPORT, Conn. - A Connecticut federal judge on April 3 granted a petition to confirm an arbitration award issued pursuant to the United Nations Commission on International Trade Regulations and Law Arbitration Rules (UNCITRAL) in favor of a restaurant franchise company, finding that a woman who had contracted to operate one of the stores in Greece had previously forfeited her personal jurisdiction defense for improper service (Subway International B.V. v. Panayota Bletas, No. 3:10-cv-01715; D. Conn.; 2012 U.S. Dist. LEXIS 46960).
NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on March 29 ruled that a bankruptcy court did not abuse its discretion in ruling that a law firm's conflict of interest was not a "disqualifying adverse interest" and, therefore, it could collect fees related to a Chapter 11 bankruptcy proceeding (Robbye R. Waldron v. Adams & Reese [In the Matter of American International Refinery Inc.], No. 11-30462, Chapter 11, 5th Cir.; 2012 U.S. App. LEXIS 6367).
ATLANTA - The 11th Circuit U.S. Court of Appeals on March 20 affirmed summary judgment to an insurance broker on negligence, tortious interference, breach of contract and breach of fiduciary duty claims because an employee who was assigned an insured's claims against the broker failed to establish that the broker's actions were the proximate cause of his work-related injuries (Jerimah Merritt v. HUB International Southwest Agency Ltd., No. 11-14729, 11th Cir.; 2012 U.S. App. LEXIS 5740).
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