LexisNexis® Legal Newsroom
Mealey's Bankruptcy - Committee: Bankruptcy Court Should Order Tuscany Adviser To Produce Documents

WILMINGTON, Del. - The Official Committee of Equity Security Holders of bankrupt Tuscany International Holdings (USA) Ltd. (TIH) on May 1 moved in the U.S. Bankruptcy Court for the District of Delaware to compel production of documents by TIH's financial adviser Credit Suisse AG (In Re: Tuscany International Holdings $(USA$) Ltd., No. 14-10193, Chapter 11, D. Del. Bkcy.).

Mealey's Litigation Procedure - Air Modeling Expert Testimony Limited In Suit Against Louisiana Paper Mill Owner

MONROE, La. - International Paper Co. was granted in part a motion in limine April 28 to exclude opinions of the air modeling expert retained by the plaintiffs in a lawsuit filed in the U.S. District Court for the Western District of Louisiana to recover for the alleged exposure to chemicals from a shuttered paper mill near Monroe (Donald Sadler, et al. v. International Paper Co., 09-1254, W.D. La.; 2014 U.S. Dist. LEXIS 58422).

Mealey's Toxic Tort/Environmental - Air Modeling Expert Testimony Limited In Suit Against Louisiana Paper Mill Owner

MONROE, La. - International Paper Co. was granted in part a motion in limine April 28 to exclude opinions of the air modeling expert retained by the plaintiffs in a lawsuit filed in the U.S. District Court for the Western District of Louisiana to recover for the alleged exposure to chemicals from a shuttered paper mill near Monroe (Donald Sadler, et al. v. International Paper Co., 09-1254, W.D. La.; 2014 U.S. Dist. LEXIS 58422).

Mealey's Bankruptcy - Global Aviation Affiliate Moves For Approval Of Deal To Sell Assets For $4.35M

WILMINGTON, Del. - North American Airlines Inc., an affiliate of bankrupt Global Aviation Holdings Inc., on April 29 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of an order selling assets and permitting the company to enter into an asset sale agreement worth $4.35 million with Omni Air International Inc. (In Re: Global Aviation Holdings Inc., No. 13-12945, Chapter 11, D. Del. Bkcy.).

Mealey's Litigation Procedure - 9th Circuit Confirms Dismissal Of Petition To Confirm $5.6 Million Award

PASADENA, Calif. - After finding that the president of a California corporation was induced into assigning an agreement under duress, the Ninth Circuit U.S. Court of Appeals on April 29 affirmed a decision to dismiss a Chinese company and its bankruptcy administrator's petition to confirm an international arbitration award that was issued in their favor (Xuchu Dai, as the bankruptcy administrator for Changzhou AMEC Eastern Tools and Equipment Co., Ltd., No. 12-56577, 9th Cir.; 2014 U.S. Dist. App. LEXIS 8085).

Mealey's PI/Product Liability - Endo Will Settle Most Pelvic Mesh Lawsuits For $830M, Company Says

DUBLIN, Ireland - Endo International PLC on April 30 said it has reached agreements in principle with several plaintiff law firms to settle the majority of the 20,000 American Medical Systems (AMS) pelvic mesh lawsuits for about $830 million.

Mealey's Insurance - Judge Allows Insured's Claims Over Payment Toward Defects Claims To Proceed

PORTLAND, Ore. - An insured contractor sufficiently established standing to assert counterclaims against an insurer regarding payments made in the settlement of an underlying construction defects case because they are not derivative of the claims of insured developers, an Oregon federal judge ruled April 29 (Chartis Specialty Insurance Co. f/k/a American International Specialty Lines Insurance Co. v. American Contractors Insurance Company Risk Retention Group, et al., No. 13-01669, D. Ore.; 2014 U.S. Dist. LEXIS 59149).

Mealey's Litigation Procedure - Federal Judge Compels Arbitration Of Bahrain Entity's RICO Case

PITTSBURGH - A Pennsylvania federal judge on April 28 granted a company owner's motion to compel, finding that all claims asserted by a Bahrain aluminum producer are subject to international arbitration (Aluminum Bahrain B.S.C. v. Victor Dahdaleh, No. 8-299, W.D. Pa.; 2014 U.S. Dist. LEXIS 58377).

Mealey's PI/Product Liability - Bankruptcy Doesn't Keep Asbestos Action In Federal Court, Judge Says

EAST ST. LOUIS, Ill. - The tenuous connection between an asbestos action and a defendant's bankruptcy cannot provide a basis for federal jurisdiction, an Illinois federal judge held in remanding the case on April 24 (Jason Bode, et al. v. Aerco International Inc., et al., No. 13-1310, S.D. Ill.; 2014 U.S. Dist. LEXIS 57598).

Mealey's Toxic Tort/Environmental - Bankruptcy Doesn't Keep Asbestos Action In Federal Court, Judge Says

EAST ST. LOUIS, Ill. - The tenuous connection between an asbestos action and a defendant's bankruptcy cannot provide a basis for federal jurisdiction, an Illinois federal judge held in remanding the case on April 24 (Jason Bode, et al. v. Aerco International Inc., et al., No. 13-1310, S.D. Ill.; 2014 U.S. Dist. LEXIS 57598).

Mealey's Litigation Procedure - 2nd Circuit Vacates Order Confirming $932 Million International Award

NEW YORK - After finding that a Turkish joint stock company had insufficient contacts with New York to subject it to general jurisdiction, the Second Circuit U.S. Court of Appeals on April 25 reversed a decision refusing to dismiss the case for lack of personal jurisdiction and vacated an order enforcing a $932 million arbitral award issued in favor of a Netherlands entity (Sonera Holding B.V. v. Cukurova Holding A.S., No. 12-4280, 2nd Cir.).

Mealey's Insurance - Insurance Agency Fails To Prove Negligence Claim Is Perempted, Judge Rules

NEW ORLEANS - An insurance agency failed to establish that an insured's claim is perempted because the date of the agency's alleged omission in notifying an excess insurer of the insured's claim did not exceed the three-year statute of limitations, a Louisiana federal judge held April 24, denying summary judgment to the agency (A3M Vacuum Services LLC v. Hub International Midwest Ltd., No. 10-2766, E.D. La.; 2014 U.S. Dist. LEXIS 57266).

Mealey's Bankruptcy - 3rd Circuit: IRS Failed To Provide Proper Notice Of More Than $1.25M Tax Debt

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on April 24 affirmed a U.S. Tax Court ruling that held that a claim of $1,251,456.99 made by the Internal Revenue Service against a debtor for unpaid tax liabilities was deficient (Dominick Galluzzo v Commissioner of Internal Revenue, No. 13-3555, Chapter 11, 3rd Cir.; 2014 U.S. App. LEXIS 7680).

Mealey's Insurance - No Shelter In ACA For Grant Recipient Contractors, Tax Judge Says

WASHINGTON, D.C. - No legal support exists for a man's claim that the Patient Protection and Affordable Care Act (ACA) exempts independent contractors of grant recipients from self-employment taxes, and the law is "devoid" of any language to that affect, a tax court judge held April 22 (Harris He Wang v. Commissioner of Internal Revenue, No. 4306-13S, U.S. Tax; 2014 Tax Ct. Summary LEXIS 42).

Mealey's Litigation Procedure - ICSID Refuses Romania's Request To Bifurcate Merits Of Treaty Dispute

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 23 released its schedule for the merits phase of a bilateral investment treaty action filed by an English mining company against the Republic of Indonesia, refusing Indonesia's request to bifurcate the issues of liability and quantum (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14, ICSID).

Mealey's Health Law - No Shelter In ACA For Grant Recipient Contractors, Tax Judge Says

WASHINGTON, D.C. - No legal support exists for a man's claim that the Patient Protection and Affordable Care Act (ACA) exempts independent contractors of grant recipients from self-employment taxes, and the law is "devoid" of any language to that affect, a tax court judge held April 22 (Harris He Wang v. Commissioner of Internal Revenue, No. 4306-13S, U.S. Tax; 2014 Tax Ct. Summary LEXIS 42).

Mealey's IP/Tech - New York Federal Judge Dismisses Intellectual Property Claims

NEW YORK - A patent and trademark infringement defendant won dismissal of the claims April 23, when U.S. Judge Paul A. Engelmayer of the Southern District of New York agreed that the allegations either sound in contract or fail as a matter of law (Ergowerx International LLC v. Maxell Corporation of America, No. 13-5633, S.D. N.Y.).

Mealey's Litigation Procedure - Motion Picture Firm Moves For Ruling Ordering Payment In Relation To Award

NEW YORK - After a New York federal judge denied its motion to confirm an arbitration award that was issued by International Centre for Dispute Resolution (ICDR) for a lack of information, a motion picture and video production company on April 22 filed its second motion to approve its proposed judgment (Multi-Format Inc. v. Panasonic Corp., No. 13-972, S.D. N.Y.).

Mealey's Litigation Procedure - ICSID Stays Enforcement Of $185 Million Award Pending Application To Annul

WASHINGTON, D.C. - A Swedish investor on April 21 filed a notice in a District of Columbia federal court, notifying it that the International Centre for Settlement of Investment Disputes (ICSID) has stayed the enforcement of a $185,530,618 award pending the outcome of an application to annul filed by the government of Romania (Viorel Micula v. Government of Romania, No. 1:14-cv-00600, D. D.C.).

Mealey's Litigation Procedure - ICSID Finds Hungary Did Not Expropriate Investment In Radio Lines

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 18 released its final award in a dispute filed by a group of investors against the Hungary, finding that they were not entitled to any damages in relation to their investment in FM-frequency radio broadcasting lines in Hungary (Emmis International Holding, B.V., et al. v. Hungary, No ARB/12/2, ICSID).

Mealey's Litigation Procedure - ICSID Tribunal Denies Argentina's Request For Production Of Expert Reports

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 16 released a procedural order denying the Argentine Republic's request for the production of certain expert reports in a dispute over the purchase of bonds (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).

Mealey's PI/Product Liability - Former Chemistry Teacher's Asbestos Action Belongs In Indonesia, Judge Says

HONOLULU - A former chemistry teacher's action alleging mesothelioma arising from asbestos exposure in school supplies belongs in Indonesia, where the exposures occurred and much of the evidence resides, a federal judge in Hawaii held April 14 (In the Matter of James R.S. Herbert and Barbara Ellis v. Fisher Scientific Co. LLC, VWR International LLC, Nos. 13-452, 13-705, D. Hawaii; 2014 U.S. Dist. LEXIS 51436).

Mealey's Toxic Tort/Environmental - Former Chemistry Teacher's Asbestos Action Belongs In Indonesia, Judge Says

HONOLULU - A former chemistry teacher's action alleging mesothelioma arising from asbestos exposure in school supplies belongs in Indonesia, where the exposures occurred and much of the evidence resides, a federal judge in Hawaii held April 14 (In the Matter of James R.S. Herbert and Barbara Ellis v. Fisher Scientific Co. LLC, VWR International LLC, Nos. 13-452, 13-705, D. Hawaii; 2014 U.S. Dist. LEXIS 51436).

Mealey's Insurance - No Coverage Owed For Sending Of Junk Fax Ads, 11th Circuit Panel Affirms

ATLANTA - An insurer does not owe coverage to an insured for an underlying suit alleging that the insured sent unwanted fax ads because the policies' exclusion for "sending of materials" is not ambiguous or in violation of Florida law, the 11th Circuit U.S. Court of Appeals said April 15 (Interline Brands Inc., et al. v. Chartis Specialty Insurance Co., f/k/a American International Specialty Lines Insurance Co., No. 13-10025, 11th Cir.; 2014 U.S. App. LEXIS 6945).

Mealey's Litigation Procedure - Swedish Investor Seeks To Confirm $185 Million Award In Federal Court

WASHINGTON, D.C. - A Swedish investor on April 11 filed a petition in the U.S. District Court for the District of Columbia to confirm a $185,530,618 international arbitration award issued in its favor and against the Republic of Romania (Viorel Micula v. Government of Romania, No. 1:14-cv-00600, D. D.C.).