Judge Finds Court Lacks Jurisdiction Over Action To Enforce London Award

NEW YORK - A New York federal judge on May 17 granted summary judgment in favor of a shipping company in an action filed by another entity, which sought to confirm a London arbitral award issued in its favor, finding that the court lacked jurisdiction over the case (Daebo International Shipping Co., Ltd. v. Americas Bulk Transport $(BVI$) Ltd., et al., No. 12-4750, S.D. N.Y.; 2013 U.S. Dist. LEXIS 70737).

Viacom Wins Dismissal Of Contributory, Vicarious Trademark Allegations

LOS ANGELES - Claims by Gibson Guitar Corp. that Viacom International Inc. committed contributory and vicarious infringement of Gibson's "Flying V" trademark were dismissed with prejudice May 17 by a California federal judge (Gibson Guitar Corporation v. Viacom International Inc. and John Hornby Skewes & Co. Ltd., No. 12-10870, C.D. Calif.).

Papa John's Agrees To Settle Spam Texts Class Action Suit

SEATTLE - A class of consumers who accused a pizza chain and a marketing company of sending spam advertisements via text on May 17 moved for the approval of a settlement the defendants claim has a potential value of $16,585,000, of which $13,860,000 is in the form of class members' merchandise certificates and class payments (Maria Agne, et al. v. Papa John's International, Inc., et al., No. 10-1139, W.D. Wash.).

Bankruptcy Court Approves Revel Casino's Plan Of Reorganization

TRENTON, N.J. - The federal bankruptcy judge presiding over the Chapter 11 case of casino Revel AC Inc. on May 15 filed a final confirmation order approving the casino's reorganization plan, resolving the objections of American International Group Inc. (AIG) pertaining to its $14 million claim and Konami Gaming Inc. regarding intellectual property rights (In Re: Revel AC Inc., No. 13-16253, Chapter 11, D. N.J. Bkcy.).

Judge: Expert Report Untimely; Causation Lacking Under New Virginia Standard

WASHINGTON, D.C. - A revised expert report submitted in opposition to a motion for reconsideration is untimely, and even with it the claims fall short of the newly announced asbestos causation standard in Virginia, a District of Columbia federal judge held May 14 (Stephen A. Wannall, et al. v. Honeywell International Inc., f/k/a Allied Signal Inc., No. 10-351, D. D.C.; 2013 U.S. Dist. LEXIS 68248).

Federal Circuit Reverses Nonobviousness Finding In Patent Dispute

WASHINGTON, D.C. - A New York federal judge's judgment affirming a jury verdict of infringement and patent validity was erroneous, according to a May 14 ruling by the Federal Circuit U.S. Court of Appeals, which deemed the patent in suit obvious (Metso Minerals Inc. v. Powerscreen International Distribution Ltd. et al., Nos. 11-1572, 12-1168, 12-1169, Fed. Cir.).

Judge Compels International Arbitration of Seaman's Claims Against Cruise Line

FORT LAUDERDALE, Fla. - A Florida federal judge on May 13 refused to remand a cruise line worker's injury-related claims to a state court, finding that he was required to arbitrate the dispute pursuant to the rules of the International Chamber of Commerce (ICC) under the terms of his employment contract (German Yvan Segersbol v. Celebration Cruise Operator Inc., No. 13-60644, S.D. Fla.; 2013 U.S. Dist. LEXIS 67750).

Federal Circuit Affirms Trade Commission In Patent Case

WASHINGTON, D.C. - The International Trade Commission (ITC) properly found that a domestic industry does not exist, nor is in the process of being established, for two patents that cover a method for tracking bodily movements, the Federal Circuit U.S. Court of Appeals ruled May 13 (Motiva LLC v. International Trade Commission and Nintendo Co. Ltd. and Nintendo of America Inc., No. 12-1252, Fed. Cir.).

Federal Circuit Affirms Denial Of Injunction In Patent Infringement Action

WASHINGTON, D.C. - A federal appeals court on May 10 affirmed a trial court's decision that refused to grant a pharmaceutical company's request for an anti-suit injunction, finding that the issues in an international arbitration and a U.S. patent infringement action were not the same (Sanofi-Aventis Deutschland GMBH v. Genentech Inc., et al., No. 2012-1454, Fed. Cir.; 2013 U.S. App. LEXIS 9494).

New York Federal Judge Refuses To Certify Class Of Hearst Interns

NEW YORK - A New York federal judge on May 8 denied both a partial summary judgment motion and a class certification motion filed on behalf of interns at 19 magazines owned by The Hearst Corp. who seek unpaid compensation, abandoning a July 12 grant of conditional certification (Xuedan Wang, et al. v. The Hearst Corporation, No. 12-793, S.D. N.Y.; 2013 U.S. Dist. LEXIS 65869).

Adult Firms, Registrar Settle Antitrust Dispute Over .XXX Domain

LOS ANGELES - The parties in an antitrust dispute over the newly created .XXX top-level domain (TLD) on the Internet on May 8 filed a stipulation of voluntary dismissal in California federal court, seeking to dispose of the plaintiffs' claims brought under the Sherman Act (Manwin Licensing International S.A.R.L., et al. v. ICM Registry LLC, et al., No. 2:11-cv-09514, C.D. Calif.).

Royal Bank Of Canada's Discovery Request Rejected In CFTC Action

NEW YORK - A federal judge in New York on May 8 denied Royal Bank of Canada's (RBC) request to compel the U.S. Commodity Futures Trading Commission (CFTC) to release notes related it its investigation of the bank, finding that the CFTC is not required to provide the documents because they are internal communications (Commodity Futures Trading Commission v. Royal Bank of Canada, No.12-2497, S.D. N.Y.).

Insurers Are Entitled To Attorney Fees Against Agent, Magistrate Judge Finds

CONCORD, N.H. - Insurers are entitled to attorney fees they have incurred in order to obtain judgment against an insurance agent for its failure to remit premiums for unreplaced surety bonds, a New Hampshire magistrate federal judge held May 8 (Washington International Insurance Co. and North American Specialty Insurance Co. v. Ashton Agency Inc., No. 10-526, D. N.H.; 2013 U.S. Dist. LEXIS 65639).

ICSID Sets Hearing On Jurisdiction In Mining Case Against Indonesia

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 8 issued a procedural order in a dispute filed against the Republic of Indonesia by a mining company, establishing an agenda for a hearing on jurisdiction (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14, ICSID).

ICSID Refuses To Award Damages On Treaty Claims Against Romania

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 6 issued an award in a dispute over an investment in an oil refinery, finding that a Netherlands corporation failed to show that it suffered losses as a result of Romania's breaches of a bilateral investment treaty (The Rompetrol Group N.V. v. Romania, No. ARB/06/3, ICSID).

Chapter 11 Debtor Yarway Sues To Insulate Tyco From Derivative Asbestos Claims

WILMINGTON, Del. - New Chapter 11 debtor Yarway Corp. filed an adversary complaint May 6 in Delaware federal bankruptcy court seeking to halt hundreds of asbestos personal injury actions filed against Swiss parent Tyco International Ltd. and other nondebtor affiliates (In re: Yarway Corporation, No. 13-11025 $(Yarway Corporation v. Those Parties Listed on Appendix A to Complaint, et al., No. 13-51040$), D. Del. Bkcy.).

Slovak Bank, Shareholder File Arbitration Against Greece Over Debt Restructure

NEW YORK - A bank and its shareholder on May 7 announced that they have filed an arbitration claim against Greece in the International Centre for Settlement of Investment Disputes (ICSID) in relation to Greece's sovereign debt restructure.

5th Circuit Affirms Confirmation Of Award In Purchase Contract Dispute

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 3 affirmed a court's decision to confirm an arbitration award in a dispute over a contract for the purchase of mixed xylene (MX) but denied a cross-appeal in relation to an award of post-judgment interest (Tricon Energy Limited v. Vinmar International Limited, No. 12-20100, 5th Cir.; 2013 U.S. App. LEXIS 9110).

Panel: Exclusion For Coverage Of Errors Arising Out Of Contractual Breach Applies

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 30 affirmed a lower court's finding that an insurance policy's exclusion for coverage of "Public Officials' Errors and Omissions arising out of . . . breach of a contractual obligation" applies to preclude coverage for defense costs related to an underlying $5,975,000 settlement reached between the insured and a maintenance company (City of Warren, et al. v. International Insurance Company of Hannover Ltd., No. 12-2201, 6th Cir.; 2013 U.S. App. LEXIS 8942).

Federal Judge Confirms Swiss Arbitration Award In Licensing Agreement Dispute

NEW YORK - A New York federal judge on May 1 confirmed an arbitration award that was issued in favor of a Swiss corporation in a dispute over a licensing agreement with two U.S. entities, finding that none of the defenses under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards applied (Marker Volkl $(International$) GMBH v. Epic Sports International Inc., et al., No. 12-8729, S.D. N.Y.; 2013 U.S. Dist. LEXIS 62412).

Judge: Investor Failed To Plead Requisite Subjective Falsity In Securities Suit

NEW YORK - A federal judge in New York on April 26 dismissed a shareholder's amended securities class action complaint, ruling that the shareholder failed to plead subjective falsity as required under Second Circuit U.S. Court of Appeals precedent (In re American International Group, Inc. 2008 Securities Litigation, No. 08-4772, S.D. N.Y.; 2013 U.S. Dist. LEXIS 60185).

9th Circuit: Transfer Of More Than $11.99 Million May Have Been Fraudulent

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on April 30 vacated and remanded to a district court a case involving a trustee's complaint that a debtor company made a fraudulent transfer greater than $11.99 million, ruling that the district court did not apply the correct standard in its initial ruling (Official Committee of Unsecured Creditors of the Estate of Fitness Holdings International Inc. v. Hancock Park Capital II [In the Matter of: Fitness Holdings International Inc], No. 11-56677, Chapter 11, 9th Cir.; 2013 U.S. App. LEXIS 8729).

IBM Denied Summary Judgment In New York Copyright Case

NEW YORK - An effort by International Business Machines Corp. (IBM) to obtain dismissal of breach of contract counterclaims was thwarted April 25 by a New York federal judge (International Business Machines Corporation v. BGC Partners Inc. et al., No. 10-128, S.D. N.Y.).

Vice Chancellor Denies Motion To Dismiss Shareholder Derivative Case

WILMINGTON, Del. - A Delaware vice chancellor denied a company's directors' and officers' motion to dismiss a shareholder derivative lawsuit on April 25, finding that the shareholder had pleaded particularized facts that raise a reasonable doubt that the directors and officers acted in good faith in failing to respond to the shareholder's demand that the board of directors investigate an alleged weaknesses in the corporation's internal controls (George Rich, Jr., Derivatively on Behalf of Fuqi International, Inc., v. Yu Kwai Chong, et al., No. 7616-VCG, Del. Chanc.; 2013 Del. Ch. LEXIS 106).

Jury Finds Former Executive Guilty Of Computer Fraud, Trade Secrets Violations

SAN FRANCISCO - Five years after the original indictment was filed against David Nosal, a California federal jury on April 24 found the former Korn/Ferry International executive guilty of six criminal counts of computer fraud, misappropriation of trade secrets and conspiracy (United States of America v. David Nosal, No. 3:08-cr-00237, N.D. Calif.).