NEW YORK - A federal judge in New York on July 16 granted the motion of a group of union pension funds for appointment as lead plaintiffs and for appointment of lead counsel in a securities class action, accepting a magistrate judge's report and recommendation (R&R) calling for the motion to be granted (Brian Ford v. VOXX International Corp., et al., No. 14-4183, E.D. N.Y.; 2015 U.S. Dist. LEXIS 92646).
TORONTO - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 20 released an order granting a request by Canada and a U.S. corporation for leave to directly examine two witnesses in the case and granting Canada's request to file new exhibits (Mercer International, Inc. v. Canada, No. ARB[AF/12/3], ICSID).
WASHINGTON, D.C. - After two Ugandan entities and the Republic of Uganda notified the International Centre for Settlement of Investment Disputes (ICSID) that they have settled their dispute over a production-sharing agreement, the tribunal on July 15 issued an order discontinuing the case (Tullow Uganda Operations Pty Ltd., et al. v. the Republic of Uganda, No. ARB/13/25, ICSID).
DENVER - Exercising jurisdiction under 28 U.S. Code Section 1291, the 10th Circuit U.S. Court of Appeals on July 14 reversed and remanded a decision by a Colorado federal judge to sanction an attorney for filing a motion to supplement and amend what was at one time a patent infringement complaint (Predator International Inc. v. Gamo Outdoor USA Inc. and Industrias El Gamo S.A., No. 14-1354, 10th Cir.).
CHICAGO - A federal judge in Illinois on July 10 substantially dismissed a shareholder class action lawsuit against Navistar International Corp. and certain of its officers and directors, ruling that the lead plaintiff in the action failed to plead an actionable misrepresentation or scienter (Construction Workers Pension Trust Fund, et al. v. Navistar International Corp., et al., No. 13-2111, N.D. Ill.; 2015 U.S. Dist. LEXIS 90152).
HARRISBURG, Pa. - Because the Commonwealth of Pennsylvania has a more significant relationship than the State of New York with the parties involved in an asbestos coverage dispute, Pennsylvania law must be applied when determining whether a duty to indemnify exists, a Pennsylvania federal judge said July 9 (York International Corp. v. Liberty Mutual Insurance Co., No. 1:10-CV-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 88847).
SAN JOSE, Costa Rica - The Permanent Court of Arbitration (PCA) on July 9 announced that it held a hearing in Costa Rica in an arbitration filed under the United Nations Commission on International Trade Law (UNCITRAL) rules (Consorcio John W. McDougall Company Inc. y Dredge & Marine Corporation [U.S.A.] and El Instituto Costarricense de Electricidad - ICE [Costa Rica], PCA).
WASHINGTON, D.C. - A Canadian resource company on July 10 announced that the International Centre for Settlement of Investment Disputes (ICSID) has officially registered an arbitration filed by two of its subsidiaries against the Republic of Kenya (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 9 released an order granting a request by the Republic of Indonesia for the production of certain documents related to a mining project in East Kutai (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
SAN FRANCISCO - An insured failed to alleged that there are property damage claims against it arising from a construction project at a school sufficient enough to trigger excess insurers' duties to defend and indemnify, a California federal judge ruled July 8, dismissing the case with leave to amend (Thompson Pacific Construction Inc. v. American International Group Inc., et al., No. 15-01091, N.D. Calif.; 2015 U.S. Dist. LEXIS 88821).
TORONTO - The International Centre for Settlement of Investment Disputes (ICSID) on July 8 announced that it will soon begin a hearing on jurisdiction in a dispute filed by a U.S. corporation against Canada in relation to its investment in a paper pulp mill (Mercer International, Inc. v. Canada, No. ARB[AF/12/3], ICSID).
WASHINGTON, D.C. - The Republic of Argentina on July 7 filed a petition in a District of Columbia federal court to vacate a $20 million international arbitration award issued in favor of a United Kingdom company, arguing that an arbitrator lacked impartiality and that the tribunal exceeded its authority (The Republic of Argentina v. AWG Group Ltd., No. 1:15-cv-01057, D. D.C.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 8 rejected an application filed by the Bolivarian Republic of Venezuela to revise a $46.4 million award, finding no new facts that would warrant a decrease in damages for the investor (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).
PARIS - A tribunal for the International Centre for Settlement of Investment Disputes on July 7 issued an order establishing the timeline for upcoming filing dates and hearings in a dispute filed by a group of investors against the Republic of Peru (The Renco Group, Inc. v. Republic of Peru, No. [UNCT/13/1 ], ICSID).
NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 30 remanded two breach of fiduciary duty cases brought by participants in a 401(k) plan sponsored by SunTrust Banks Inc. related to the inclusion of proprietary mutual funds in the defined-contribution plan, in light of the U.S. Supreme Court's recent decision in Tibble v. Edison International (135 S. Ct. 1823 ) (Sandra D. Stargel v. SunTrust Banks, Inc., et al.; Barbara J. Fuller v. SunTrust Banks, Inc., et al., No. 14-13207, 11th Cir.; 2015 U.S. App. LEXIS 11187).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order denying a motion for partial summary judgment sought by unpaid magazine interns for reconsideration in light of another Second Circuit ruling in an intern case the same day in which the appellate court established a set of factors courts can use to consider whether an intern is an employee (Xuedan Wang, et al. v. The Hearst Corp., No. 13-4480, 2nd Cir.; 2015 U.S. App. LEXIS 11516).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 2 vacated an order conditionally certifying a nationwide class of unpaid interns working at divisions of Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc. (collectively, Fox) and vacated an order granting partial summary judgment to two of those interns and remanded for reconsideration of the interns' employment status based on a new test focusing on the educational aspects of the internships (Eric Glatt, et al. v. Fox Seachlight Pictures, Inc., et al., Nos. 13-4478 and 13-4481, 2nd Cir.; 2015 U.S. App. LEXIS 11435).
WASHINGTON, D.C. - A chairman for the International Centre for Settlement of Investment Disputes (ICSID) on July 1 denied a request by the Bolivarian Republic of Venezuela to disqualify the majority of the tribunal hearing a case filed by investors in relation to oil projects in Venezuela (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
NEW YORK - The Second Circuit U.S. Court of Appeals on July 1 affirmed a district court's decision refusing to confirm an arbitration award issued by the International Court of Arbitration of the International Chamber of Commerce (ICC) in favor of a Brazilian airline, finding that the other party did not agree to arbitrate the dispute (VRG Linhas Aereas S.A. v. MatlinPatterson Global Opportunities Partners II L.P., et al., No. 14-3906, 2nd Cir.; 2015 U.S. App. LEXIS 11281).