ST. LOUIS - A Missouri federal judge on Dec. 31 granted certification to a class of pizza delivery drivers alleging various minimum wage violations and denied their employers' motion to strike the report and testimony of the plaintiffs' expert witness (William Timothy Perrin, et al. v. Papa John's International, Inc., et al., No. 09-1335, E.D. Mo.; 2013 U.S. Dist. LEXIS 181749).
NEW YORK - The U.S. Court of International Trade has dismissed claims stemming from the federal government's classification of imported tobacco products, saying Dec. 27 that the government had agreed to all relief sought by the plaintiff, leaving no issue in controversy (Shah Bros. Inc. v. United States, No. 10-00205, Intl. Trade; 2013 Ct. Intl. Trade LEXIS 162; SLIP OP. 2013-157).
WILMINGTON, Del. - The Internal Revenue Service on Dec. 20 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to bankrupt Fisker Automotive Holdings Inc.'s plan of liquidation, contending that it does not comply with the Bankruptcy Code (In Re: Fisker Automotive Holdings Inc., No. 13-13087, Chapter 11, D. Del. Bkcy.).
WASHINGTON, D.C. - After finding that the Republic of Guatemala breached a free trade agreement in relation to a Delaware company's investment in an energy firm, the International Centre for Settlement of Investment Disputes (ICSID) awarded the company $28,621,247 plus interest (Teco Guatemala Holdings LLC v. The Republic of Guatemala, No. ARB/10/17, ICSID).
EAST ST. LOUIS, Ill. - Boehringer Ingelheim International GmbH (BII) will face sanctions, possibly including adverse inference and the loss of certain affirmative defenses, after the Pradaxa maker said it cannot produce the complete files of a former high-level scientist involved in the development of the blood thinner, the judge presiding over a multidistrict litigation said in a Dec. 18 order (In Re: Pradaxa $(Dabigatran Etexilate$) Products Liability Litigation, MDL Docket No. 2385, No. 2:13-md-2385, S.D. Ill.; 2013 U.S. Dist. LEXIS 177597).
LOS ANGELES - A California jury returned an $8,666,000 verdict for the widow of a mesothelioma sufferer, finding Crown Cork & Seal Co. Inc. liable on Dec. 13 in a case that originally produced a defense verdict in 2007 (Donna Saller, et al. v. Bondex International Inc., et al., No. BC342363, Calif. Super., Los Angeles Co.).
PARIS - Attorneys representing Swedish investors and their companies on Dec. 16 announced that the International Centre for Settlement of Investment Disputes (ICSID) has issued a $245 million award in their favor in an investment treaty dispute against the Republic of Romania (Ioan Micula, et al. v. Romania, No. ARB/05/20, ICSID).
PARIS - Orco Property Group S.A. on Dec. 16 announced that it has resumed international arbitration proceedings against a department of the State of Croatia known as the Centre for Restructuring and Sales.
PARIS - The chairman of the Administrative Council for the International Centre for Settlement of Investment Disputes on Dec. 16 upheld a request by the Republic of Ecuador to disqualify an arbitrator appointed by a group of resource companies, finding that comments the arbitrator made about Ecuador's counsel showed a lack of impartiality (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).
WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding no violation of the Tariff Act by the importation of products alleged to have infringed two "machine vision" patents, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Cognex Corporation et al. v. International Trade Commission et al., No. 11-1098, Fed. Cir.).
WASHINGTON, D.C. - The International Trade Commission (ITC) did not err in finding that Motorola Mobility LLC violated Section 337 of the Tariff Act when it imported and sold mobile devices that infringe Microsoft Corp.'s U.S. patent No. 6,370,566, the Federal Circuit U.S. Court of Appeals ruled Dec. 16 (Motorola Mobility LLC v. International Trade Commission and Microsoft Corp., No. 12-1535, Fed. Cir.).
MEXICO CITY - Hard Rock International on Dec. 9 announced that it has terminated an agreement with a franchisee in Mexico after final adjudication of the dispute by Mexican arbitrators.
WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 case of Nortel Networks Inc. on Dec. 10 dismissed an adversary case filed by a creditor that had argued that its copyrights had been infringed when Nortel sold some of its assets (SNMP Research International Inc. v. Nortel Networks Inc. $(In Re: Nortel Networks Inc.$), No. 09-10138, Adv. No. 11-53454, Chapter 11, D. Del. Bkcy.).
WASHINGTON, D.C. - The federal government on Dec. 9 urged the District of Columbia Circuit U.S. Court of Appeals to affirm a decision dismissing a suit challenging payments made to the Internal Revenue Service related to the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) decision (Matt Sissel v. U.S. Department of Health and Human Services, et al., No. 13-5202, D.C. Cir.).
WASHINGTON, D.C. - A federal district court's decision on the merits that leaves unresolved a request for contractual attorney fees is a final decision subject to immediate appeal, an employer told the U.S. Supreme Court on Dec. 9 in urging the court to overturn a ruling by the First Circuit U.S. Court of Appeals (Ray Haluch Gravel Co., et al. v. Central Pension Fund of the International Union of Operating Engineers and Participating Employers, et al., No. 12-992, U.S. Sup.).
RICHMOND, Va. - The Federal Labor Relations Authority (FLRA) was right to rule in favor of the Internal Revenue Service regarding a proposed collective bargaining agreement (CBA) amendment affecting probationary employees, the Fourth Circuit U.S. Court of Appeals ruled Dec. 6 after determining that the National Treasury Employees Union's (NTEU) amendment would "ignore both the statutory and regulatory frameworks that Congress and the executive branch have put in place, create a stark circuit split, and overturn nearly thirty years of settled public-employee practice" (National Treasury Employees Union v. Federal Labor Relations Authority, No. 12-2574, 4th Cir.; 2013 U.S. App. LEXIS 24298).
PHILADELPHIA - Insufficient evidence exists to support the conclusion that a man suffered frequent, regular and proximate exposure to asbestos, a Pennsylvania federal judge held Dec. 3 in granting summary judgment to four companies (Jammie C. Tyndall, et al. v. Armstrong International Inc., et al., No. MDL 875, 10-67428, E.D. Pa.).
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 6 said it will review a patent case that resulted in a deeply divided decision by the Federal Circuit U.S. Court of Appeals that included six separate opinions and "additional reflections" on what constitutes patent-eligible subject matter in computer-implemented inventions (Alice Corporation Pty. Ltd. v. CLS Bank International and CLS Services Ltd., No. 13-298, U.S. Sup.).
ALEXANDRIA, Va. - A Virginia-based drug importer and its co-owner on Dec. 2 pleaded guilty to federal criminal charges related to the importation of misbranded Botox, chemotherapy drugs and other drugs, the U.S. Attorney's Office for the Eastern District of Virginia said in a press release (United States of America v. Gallant Pharma International Inc., et al., No. 13-cr-130, E.D. Va., Alexandria Div.).
WASHINGTON, D.C. - The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme Court on Dec. 3 (Lexmark International Inc. v. Static Control Components Inc., No. 12-873, U.S. Sup.).
MUSKOGEE, Okla. - An Oklahoma federal magistrate judge on Nov. 26 denied a motion to dismiss a wrongful denial of health care benefits case (Samuel Howard Logan Jr. v. Healthcare International Global Networks, et al., No. 13-144, E.D. Okla.; 2013 U.S. Dist. LEXIS 167631).
WASHINGTON, D.C. - In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on Nov. 25 partly reversed a judgment of noninfringement in a dispute over a billing system patent (Centillion Data Systems v. Qwest Communications International Inc., No. 13-1084, Fed. Cir.).
MILWAUKEE - A judge erred when he changed a jury's verdict out of fear that evidence of cigarette use influenced it, overriding its finding that a man's conduct contributed to his asbestos-related disease, a Wisconsin appeals court held Nov. 19 (Colleen Lemberger, et al. v. Honeywell International Inc., No. 2009AP1180, Wis. App., 1st Dist.; 2013 Wisc. App. LEXIS 960).
NEW ORLEANS - A trial court correctly excluded testimony linking a painter's multiple myeloma to workplace exposure to benzene because the expert assumed facts substantially different from the undisputed record, a Fifth Circuit U.S. Court of Appeals panel held Nov. 15 (Craig Moore, et al. v. International Paint, LLC, No. 13-30281, 5th Cir.; 2013 U.S. App. LEXIS 23113).
SPRINGFIELD, Ill. - A woman's evidence of parallel conduct falls short of the "clear and convincing" standard needed to prevail on summary judgment motions filed by asbestos conspiracy defendants, an Illinois appeals court held Nov. 15 (Carolyn Garrelts v. Honeywell International Inc., et al., No. 4-12-0997, Ill. App., 4th Dist.; 2013 Ill. App. Unpub. LEXIS 2594).