WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 10 released a decision in which it refused to reconsider a decision in which it found that the Bolivarian Republic of Venezuela breached its obligation to negotiate compensation in relation to assets it took from investors in various oil projects but dismissed certain claims for lack of jurisdiction (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
WASHINGTON, D.C. - The federal government on March 7 responded to a letter filed in the District of Columbia Circuit U.S. Court of Appeals by plaintiffs in a case challenging an Internal Revenue Service regulation imposed under the Patient Protection and Affordable Care Act (ACA) that extends eligibility for premium assistance subsidies to people who purchase health insurance through exchanges established by the ACA. The plaintiffs' letter addresses a bulletin issued by the Center for Medicare and Medicaid Services (CMS) discussing the tax credits available for individuals who purchase health care coverage through exchanges (Jacqueline Halbig, et al. v. Kathleen Sebelius, et al., No. 14-5018, D.C. Cir.).
OKLAHOMA CITY - Religious groups demonstrate a substantial likelihood of success in their Religious Freedom Restoration Act of 1993 (RFRA) challenge to the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, an Oklahoma federal judge held March 10 (Reaching Souls International Inc., et al. v. Kathleen Sebelius, et al., No. 13-1092, W.D. Okla.; 2014 U.S. Dist. LEXIS 30497).
DENVER - An international art dealer and his art galleries on March 7 won dismissal of copyright infringement allegations when a Colorado federal judge agreed that the plaintiff in the case lacks standing (Lou Lou Goss v. Paul Zueger et al., No. 12-1424, D. Colo.).
LAS VEGAS - A federal magistrate judge in Nevada on March 3 ruled that the Securities and Exchange Commission may use an alternative means to serve a defendant in an enforcement action who is living in Israel, because international law and the laws of Israel allow for such action (Securities & Exchange Commission v. Banc de Binary, et al., No. 13-993, D. Nev.; 2014 U.S. Dist. LEXIS 26730).
WILMINGTON, Del. - Bankrupt oil and gas drilling company Tuscany International Holdings (USA) Ltd. (TIH) on March 3 filed a plan of reorganization in the U.S. Bankruptcy Court for the U.S. Bankruptcy Court for the District of Delaware that proposes full recovery for most of its creditors (In Re: Tuscany International Holdings [USA] Ltd., No. 14-10193, Chapter 11, D. Del. Bkcy.).
ELKINS, W. Va. - Allegations that two defendants continued to operate their hotel under the "Econo Lodge" trademark despite defaulting on their franchise agreement led a West Virginia federal judge to enter summary judgment on Feb. 27 (Choice Hotels International Inc. v. James G. Fisher II and Patricia P. Fisher, No., 13-23, N.D. W. Va.).
MADRID, Spain - A Spanish oil company on Feb. 25 announced that it has agreed to accept a $5 billion settlement in relation to claims asserted in arbitration before the International Centre for Settlement of Investment Disputes (ICSID) against the Republic of Argentina (Repsol, S.A., et al., v. Argentine Republic, ARB/12/38, ICSID).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 25 released a decision finding that it has jurisdiction over the bilateral investment treaty claims submitted by an English mining company against the Republic of Indonesia (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14, ICSID).
BOSTON - A Massachusetts federal judge on Feb. 21 sent an overtime and minimum wages class complaint back to state court, finding that the amount in controversy was less than $75,000 (Peter Huston, et al. v. FLS Language Centres d/b/a FLS International, et al., No. 13-13158, D. Mass.; 2014 U.S. Dist. LEXIS 21960).
ALBANY, N.Y. - A unanimous Third Department New York Supreme Court Appellate Division panel affirmed summary judgment in part Feb. 20 for International Business Machines Corp. in a trichloroethylene vapor intrusion lawsuit severed from a class action for a test trial; the panel affirmed that certain of the seven severed plaintiffs may pursue trespass, private nuisance and medical monitoring claims (Thomas H. Ivory, et al. v. International Business Machines Corp., No. 516276, N.Y. Sup., App. Div., 3rd Dept.; 2014 N.Y. App. Div. LEXIS 1200).
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).
BOSTON - A Massachusetts federal judge on Feb. 21 sent an overtime and minimum wage class complaint back to state court, finding that the amount in controversy was less than $75,000 (Peter Huston, et al. v. FLS Language Centres d/b/a FLS International, et al., No. 13-13158, D. Mass.; 2014 U.S. Dist. LEXIS 21960).
WILMINGTON, Del. - Bankrupt Global Aviation Holdings Inc. on Feb. 24 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the brief of the International Brotherhood of Teamsters (IBT) and arguing that its Chapter 11 plan support agreement, which would require unionized employees to make $7.5 million in concessions, should be confirmed (In Re: Global Aviation Holdings Inc., No. 13-12945, Chapter 11, D. Del. Bkcy.).
ATLANTA - A police officer's claim that he was owed overtime compensation did not trigger an internal affairs investigation, the 11th Circuit U.S. Court of Appeals ruled Feb. 19 (Lazaro Cabrera, et al. v. Town of Lady Lake, Florida, No. 13-11885, 11th Cir.; 2014 U.S. App. LEXIS 3003).
WILMINGTON, Del. - The Internal Revenue Service on Feb. 21 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the plan of liquidation filed by bankrupt AFA Investment Inc. - the maker of the "pink slime" additive to ground beef - contending that the plan amounts to "essentially a discharge" in violation of the Bankruptcy Code (In Re: AFA Investment Inc., No.12-11127, Chapter 11, D. Del. Bkcy.).
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 19 affirmed a trial court's decision to confirm an international arbitration award issued in favor of Citigroup Inc., finding that the tribunal did not err in applying New York law to the case (Abu Dhabi Investment Authority v. Citigroup Inc., No. 13-1068, 2nd Cir.; 2014 U.S. App. LEXIS 2940).
HONG KONG - The Hong Kong International Arbitration Centre (HKIAC) Council on Feb. 15 announced that it has revised its organizational structure, which includes the establishment of an executive committee to serve as its principal body and the retirement of various members.
RENO, Nev. - Rejecting an insurer's argument that an insurance policy's securities exclusion precludes coverage for an underlying Employee Retirement Income Security Act (ERISA) lawsuit, a Nevada federal judge on Feb. 13 refused to dismiss an insured's breach of contract claims against the insurer (International Game Technology, Inc. v. Federal Insurance Co., No. 3:13-cv-00026-RCJ-WGC, D. Nev.; 2014 U.S. Dist. LEXIS 18364).
WILMINGTON, Del. - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Constar International Holdings LLC on Feb. 13 moved in the U.S. Bankruptcy Court for the District of Delaware for an order establishing information-sharing procedures in compliance with the Bankruptcy Code (In Re: Constar International Holdings LLC, No. 13-13281, Chapter 11, D. Del. Bkcy.).
WASHINGTON, D.C. - A Delaware federal judge did not err in holding a patent invalid under 35 U.S. Code Section 102(g)(2), the Federal Circuit U.S. Court of Appeals held Feb. 12 in a divided opinion (Solvay S.A. v. Honeywell International, No. 12-1660, Fed. Cir.).