OKLAHOMA CITY - Religious groups demonstrate a substantial likelihood of success in their Religious Freedom Restoration Act of 1993 (RFRA) challenge to the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, an Oklahoma federal judge held March 10 (Reaching Souls International Inc., et al. v. Kathleen Sebelius, et al., No. 13-1092, W.D. Okla.; 2014 U.S. Dist. LEXIS 30497).
LAS VEGAS - A federal magistrate judge in Nevada on March 3 ruled that the Securities and Exchange Commission may use an alternative means to serve a defendant in an enforcement action who is living in Israel, because international law and the laws of Israel allow for such action (Securities & Exchange Commission v. Banc de Binary, et al., No. 13-993, D. Nev.; 2014 U.S. Dist. LEXIS 26730).
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 19 affirmed a trial court's decision to confirm an international arbitration award issued in favor of Citigroup Inc., finding that the tribunal did not err in applying New York law to the case (Abu Dhabi Investment Authority v. Citigroup Inc., No. 13-1068, 2nd Cir.; 2014 U.S. App. LEXIS 2940).
PASADENA, Calif. - There was nothing deceptive in an automaker's use of Environmental Protection Agency mileage estimates, and the California unfair competition law (UCL) imposes no duty to disclose lower, internal estimates, a Ninth Circuit U.S. Court of Appeals panel held Feb. 5 (Tracy Gray, et al. v. Toyota Motor Sales U.S.A. Inc., Toyota Motor North America Inc., No. 12-55362, 9th Cir.).
SAN FRANCISCO - United Airlines Inc.'s sick leave plan and trust is not an employee benefits plan governed by the Employee Retirement Income Security Act and, therefore, is subject to California's Kin Care Law, which requires employers who provide paid sick leave to their employees to use sick leave to care for family members, a California appellate court ruled Jan. 31 (Airline Pilots Association International, et al. v. United Airlines, Inc., No. A129914, Calif. App., 1st App. Dist., Div. 4; 2014 Cal. App. LEXIS 100).
THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Jan. 31 ordered that the Plurinational State of Bolivia pay a U.K. company $28,927,582 in damages in an arbitration under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), finding that Boliva expropriated its investment in an electric company (Guaracachi America, Inc. and Rurelec PLC v. The Plurinational State of Bolivia, PCA Case No. 2011-17, PCA).
NEW YORK - A federal court has original jurisdiction over New York state law wage claims filed by a class of adult entertainers based on the Class Action Fairness Act (CAFA), a New York federal judge ruled Jan. 28 (Sabrina Hart, et al. v. Rick's NY Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 10346).
NEW YORK - A federal district court did not err in dismissing a shareholder derivative lawsuit because the shareholder failed to show that The Goldman Sachs Group Inc. was a "statutory insider" at the time of the sale and purchase of certain short call options, a Second Circuit U.S. Court of Appeals panel ruled Jan. 29 (Andrew E. Roth, derivatively on behalf of Leap Wireless International Inc., v. The Goldman Sachs Group Inc., et al., No. 12-2509, 2nd Cir.).
NEW YORK - A federal judge in New York did not err in dismissing a shareholder's securities lawsuit against the Federal Reserve Bank of New York (FRBNY) because its acquisition of American International Group (AIG) during the financial crisis did not violate Delaware fiduciary duty law, a Second Circuit U.S. Court of Appeals panel ruled Jan. 29 (Starr International Co. Inc., individually and derivatively on behalf of American International Group Inc. v. Federal Reserve Bank of New York, et al., No. 12-5022, 2nd Cir.).
DENVER - Neighbors of the Rocky Flats Nuclear Weapons Plant in Colorado may not pursue state law tort claims against the contractors who operated the plant because the claims are preempted by the Price-Anderson Act, the federal judge presiding over the litigation ruled Jan. 28 (Merilyn Cook, et al. v. Rockwell International Corp., et al., No. 90-181, D. Colo.).
HAMBURG, Germany - The Kingdom of the Netherlands on Oct. 21 submitted a request for provisional measures to the International Tribunal for the Law of the Sea by the Kingdom (ITLOS) of the Netherlands in arbitration with the Russian Federation (Kingdom of The Netherlands v. Russian Federation, No. 22, ITLOS).
WASHINGTON, D.C. - Attorneys for Latin American investors in Stanford International Bank (SIB) and SIB's insurance brokers and lawyers asked the U.S. Supreme Court on Oct. 7 to determine whether the Securities Litigation Uniform Standards Act (SLUSA) and the Securities Exchange Act of 1934 preclude investors from bringing private class actions based on state law "where the alleged purchase or sale of a covered security is 'more than tangentially related' to the 'heart, crux or gravamen' of the alleged fraud" (Chadbourne & Parke LLP v. Samuel Troice, et al., No. 12-79, Willis of Colorado Inc. v. Samuel Troice, et al., No. 12-86, Proskauer Rose LLP v. Samuel Troice, et al., No. 12-88, U.S. Sup.).
CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 12 reversed an Ohio federal judge's denial of judgment as a matter of law (JMOL) in favor of a defendant accused of trade dress infringement (Groeneveld Transport Efficiency Inc. v. Lubecore International Inc., No. 12-3545, 6th Cir.).
SYRACUSE, N.Y. - A federal judge in New York on Sept. 5 refused to remand a lawsuit challenging Honeywell International Inc.'s compliance with an agreement with the New York Department of Environmental Conservation (DEC) and the U.S. Environmental Protection Agency over the cleanup of polychlorinated biphenyls (PCBs), finding that the plaintiffs' remaining state law claims still implicate federal issues (Camillus Clean Air Coalition, et al. v. Honeywell International Inc., No. 13-CV-365, N.D. N.Y.; 2013 U.S. Dist. LEXIS 125843).
WASHINGTON, D.C. - A District of Columbia federal judge on Aug. 21 refused to vacate an arbitration award issued in favor of a defense contractor in a dispute over an international representative agreement with a Slovak entity, finding that the tribunal did not manifestly disregard the law in making its award (Arma S.R.O. v. BAE Systems Overseas Inc., No. 13-494, D. D.C.; 2013 U.S. Dist. LEXIS 118288).
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).
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.).
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).
LOS ANGELES - A California federal judge on June 18 granted a Panamanian corporation's motion to quash service of a petition to confirm an arbitration award, finding that a theatrical group failed to properly serve the petition under federal law (Latinamerican Theatrical Group LLC v. Swen International Holding, No. 13-1270, C.D. Calif.; 2013 U.S. Dist. LEXIS 86383).
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on June 7 reversed a district court's ruling that the U.S. Trade Representative must release a document that was introduced during negotiations of a free-trade agreement with foreign nations, finding that the trade representative properly withheld the document as confidential (Center for International Environmental Law v. Office of the United States Trade Representative, et al., No. 12-5136, D.C. Cir.; 2013 U.S. Dist. App. LEXIS 11477).
SAN FRANCISCO - Local union officials who diverted union resources while attempting to establish a new, competing union after their own was to be placed in trusteeship violated the Labor Management Reporting and Disclosure Act (LMRDA), the Ninth Circuit U.S. Court of Appeals ruled May 22 (Services Employees International Union, et al. v. National Union of Healthcare Workers, et al., No. 10-16549, 9th Cir.; 2013 U.S. App. LEXIS 10375).