ICSID Establishes Guidelines For Submission Of Data In Dispute With Argentina

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 1 released a procedural order in which it established guidelines for submitting information to a database operated by claimants who allege that the Argentine Republic defaulted on bonds that were issued to them (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).

U.K. Privy Council Grants Time Extension For Cukurova To Recover Shares

LONDON - After a ruling by a New York federal court that granted injunctive relief that will prohibit Cukurova Finance International Ltd. (CFI) and a related entity from redeeming shares in relation to a dispute over a Turkish telephone company, the Privy Council of the United Kingdom on July 29 granted their application for an extension of time in which to recover the shares (Cukurova Finance International Limited v. Alfa Telecome Turkey Limited, No. $(2013$) UKPC 25, United Kingdom, Privy Council).

California Federal Judge Dismisses Conspiracy Claims Against Kaiser, Union

SAN DIEGO - A hospital system failed to allege that a managed care organization and its related entities conspired with a labor union to exclude competition in the markets for emergency and acute-care hospital services, a federal judge in California ruled July 25 (Prime Healthcare Services, Inc. v. Service Employees International Union, et al., No. 11-2652, S.D. Calif.; 2013 U.S. Dist. LEXIS).

ICSID Finds It Has Jurisdiction Over Treaty Claims Against Turkmenistan

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSD) on July 25 released a decision in which it rejected Turkmenistan's argument that a United Kingdom investor could file arbitration only under the United Nations Commission on International Trade Law (UNCITRAL) rules, finding that ICSID has jurisdiction over the company's bilateral investment treaty claims (Garanti Koza LLP v. Turkmenistan, No. ARB/11/20, ICSID).

9th Circuit: Injunction In Trademark Case Not Erroneous

SAN FRANCISCO - A California federal judge properly enjoined a maker of skin care and anti-aging products from using the "ARena" trademark, the Ninth Circuit U.S. Court of Appeals ruled July 24 (American Rena International Company v. Sis-Joyce International Co., No. 12-57169, 9th Cir.).

Judge Approves $7 Million Settlement Of Suit Against Directors And Officers

LAS VEGAS - A federal judge in Nevada on July 23 gave final approval to the $7 million settlement of a shareholder derivative lawsuit (In re Rino International Corporation Derivative Litigation, No. 10-cv-02209, D. Nev.).

Production Company Moves For Reconsideration Of Order Dismissing Petition

NEW YORK - A motion picture and video production company on July 23 moved in a New York federal court for reconsideration of an order that dismissed its petition to confirm an arbitration award that was issued in its favor and against a Japanese corporation in relation to a license dispute by the International Centre for Dispute Resolution (ICDR) (Multi-Format Inc. v. Panasonic Corp., No. 13-972, S.D. N.Y.).

No Discrimination In Barring Risk Retention Groups From Insurance Guaranty, Panel Says

TRENTON, N.J. - New Jersey does not discriminate against risk retention groups by barring their participation in New Jersey Property-Liability Insurance Guaranty Association's (PLIGA) program for payment of pedestrian personal injury protection (PIP) benefits, a New Jersey appeals panel affirmed July 18 (American International Insurance Company of Delaware v. 4M Interprise Inc., et al., No. A-3490-11T2, N.J. Super., App. Div.; 2013 N.J. Super. LEXIS 110).

Judge Enjoins Pharmaceutical Company From Pursuing Arbitration In Switzerland

CHICAGO - An Illinois federal judge on July 19 granted a Delaware company's request for permanent injunction and declaratory relief, finding that as a nonsignatory to a license agreement for the marketing and sale of a pharmaceutical in the United Kingdom, it was not required to arbitrate claims against a Netherlands entity before the International Chamber of Commerce (ICC) (Hospira Inc. v. Therabel Pharma N.V., No. 12-8544, N.D. Ill.; 2013 U.S. Dist. LEXIS 102196).

2nd Circuit Reverses, Remands; Bankrupt Worldcom Must Pay Taxes, IRS Claim

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on July 22 reversed and remanded a case in which a bankruptcy court had granted bankrupt Worldcom Inc.'s objection to a claim filed by the Internal Revenue Service and had said that the IRS should refund Worldcom the amount it paid in excise taxes (Internal Revenue Service v. Worldcom Inc. $(In Re: Worldcom Inc.$), No. 12-803, 2nd Cir.; 2013 U.S. App. LEXIS 14763).

Shipping Companies Argue For Confirmation Of London Arbitration Award

NEW YORK - Four foreign shipping companies on July 17 filed a memorandum in a New York federal court in support of their petition to confirm a London arbitration award that was issued in their favor and against an oil corporation in a charterparty dispute (Roxy Inc., et al. v. International Oil Overseas Inc., et al., No. 1:12-cv-03625, S.D. N.Y.).

ICSID Releases Award On Jurisdiction In Uruguay Tobacco Dispute

WASHINGTON, D.C. - The International Centre For Settlement of Investment Disputes (ICSID) on July 17 released its award on jurisdiction in a dispute over the packaging and sale of tobacco products in the Oriental Republic of Uruguay, finding that the tribunal has jurisdiction over the case and that the case can proceed (Philip Morris Brands Sarl, et al. v. Oriental Republic of Uruguay, ARB/10/7, ICSID).

Airline Crash Victims Seek Discovery Information From Plane Manufacturer

CHICAGO - A group of passengers from the Asiana Airlines flight that crashed while attempting to land at the San Francisco International Airport earlier this month filed a petition for discovery in an Illinois state court on July 15, seeking information about the aircraft (Guo Fu Yang, et al. v. The Boeing Co., No. 2013L008002, Ill. Cir., Cook Co.).

5th Circuit Upholds Decision For Taser In Personal Injury Case

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 10 affirmed summary judgment for a stun gun company in a personal injury action, noting that the plaintiff signed a release form before voluntarily receiving a shock during police training (Andrew Keith Butler v. TASER International Inc., No. 12-11026, 5th Cir.; 2013 U.S. App. LEXIS 13980).

Privy Council Finds Cukurova Can Recover Shares, Must Pay Interest

LONDON - The Privy Council of the United Kingdom on July 9 found that Cukurova Finance International Ltd. and a related entity are entitled to recover shares that were issued under a loan agreement on a condition that they return $1.5 billion in interest, which has been held in an escrow account (Cukurova Finance International Limited v. Alfa Telecome Turkey Limited, No. $(2013$) UKPC 20).

Mining Company Moves To Dismiss Hong Kong Corporation's Complaint

SAN FRANCISCO - A U.S. mining company on July 8 moved to dismiss all of the claims asserted against it by a Hong Kong corporation in relation to an underlying finance agreement or, in the alternative, requested that all discovery be stayed pending the outcome of arbitration before the Singapore International Arbitration Center (SIAC) (Zhenhua Logistics $(Hong Kong$) Co. Ltd. v. Metamining Inc., et al., No. 13-2658, N.D. Calif.; 2013 U.S. Dist. LEXIS 94071).

Judge Allows International Service Of Petition On Panamanian Company

LOS ANGELES - After finding that a theatrical company could serve a Panamanian company with its petition to confirm an arbitration award through international mail and granting its ex parte application, a California federal judge on July 5 entered a receipt for foreign service in the case (Latinamerican Theatrical Group LLC v. Swen International Holding, No. 13-1270, C.D. Calif.; 2013 U.S. Dist. LEXIS 94028).

No Coverage For Claims Arising From $2.6M Kickback Scheme, 3rd Circuit Affirms

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 8 affirmed a lower federal court's finding that insurers have no duty to defend or indemnify against underlying lawsuits alleging the insureds' involvement in a $2.6 million kickback scheme with two Pennsylvania judges (Markel International Insurance Co. v. Western PA Child Care LLC, et al., No. 12-2016; Alea London, et al. v. PA Child Care LLC, et al., No. 12-2132, 3rd Cir.).

False Marking Claims Can Proceed, Oregon Federal Judge Rules

PORTLAND, Ore. - An Oregon federal judge on July 8 departed from his earlier position that a presumption of competitive injury applies to false marking claims, based on the change in law that occurred with the passage of the America Invents Act (AIA) (RB Rubber Products Inc. v. ECORE International Inc., No. 11-319, D. Ore.).

ICSID Committee Rejects Request For Annulment Of Award For Egypt

PARIS - An ad hoc committee for the International Center for Settlement of Investment Disputes (ICSID) on July 8 released its decision on a U.K. company's application for annulment of an award that rejected its claims based on the principle of compensation for expropriation asserted against the Arab Republic, finding that the tribunal did not exceed its powers when it relied on a previous award issued by an Egyptian tribunal and accepted its interpretation of applicable Egyptian law (Malicorp Limited v. The Arab Republic of Egypt, No. ARB/08/18, ICSID).

Arbitrator Did Not Exceed Powers In Insurance Agencies' Restriction Dispute, Panel Says

DALLAS - An arbitrator did not exceed his powers by extending a restriction period for the sale or marketing of insurance in a settlement agreement between two insurance agencies, a Texas appeals panel ruled July 3, reversing a trial court's order vacating the arbitration award (Nationsbuilders Insurance Services Inc. v. Houston International Insurance Group Ltd., et al., No. 05-12-01103, Texas App., 5th Dist.; 2013 Tex. App. LEXIS 8182).

9th Circuit Affirms Award For Victim Of Picketing, But Not For Third Parties

SEATTLE - The Ninth Circuit U.S. Court of Appeals on July 5 affirmed a damages award to be paid by a union to the company running the site where the union was improperly picketing but vacated the award of compensatory damages to several third parties, finding that the award was not necessary to enforce the injunction (Richard L. Ahearn, Regional Director of the Nineteenth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board v. International Longshore and Warehouse Union, Locals 21 and 4, No. 11-35848, 9th Cir.; 2013 U.S. App. LEXIS 13652).

U.S., Other Amici File Briefs On Limitations Period In ERISA Benefits Denial Case

WASHINGTON, D.C. - A beneficiary's claim for wrongful denial of disability benefits under the Employee Retirement Income Security Act does not accrue for limitations purposes until the plan's internal benefits resolution process has been exhausted, notwithstanding a plan provision providing that the limitations period commences before the plan has resolved the claim for benefits, the United States told the U.S. Supreme Court in a July 2 amicus brief (Julie Heimeshoff v. Hartford Life & Accident Insurance Co., et al., No. 12-729, U.S. Sup.).

Federal Judge Grants Default Judgment To Receiver In Ponzi Scheme Suit

PHILADELPHIA - A federal judge in Pennsylvania on July 3 granted a $40,000 default judgment in favor of the receiver of an estate established to recover funds stolen in a Ponzi scheme, finding that the receiver will be prejudiced if default judgment is denied, that the defendants do not have any meritorious defenses and that without an explanation from the defendants, their culpability is presumed (Kamian Schwartzman v. Rogue International Talent Group Inc., et al., No. 12-5255, E.D. Pa.; 2013 U.S. Dist. LEXIS 94076).

Cancellation Extinguishes Cause Of Action In Patent Case, Federal Circuit Says

WASHINGTON, D.C. - A patent that was declared invalid after re-examination by the U.S. Patent and Trademark Office cannot serve as the basis for a prior infringement judgment and damages award, the Federal Circuit U.S. Court of Appeals ruled July 2 (Fresenius USA Inc. v. Baxter International Inc., No. 12-1334, 1335, Fed. Cir.).