LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Ghana Opposes Request For Leave To Attach Funds To Pay $11.75M Award

WASHINGTON, D.C. - Ghana on June 5 filed its opposition in a District of Columbia federal court to a request made by two energy firms seeking an order allowing them to begin attachment and enforcement efforts to obtain payment of a $11.75 million international arbitral award, arguing that they are not authorized to begin attachment efforts and that they have not identified the specific assets they seek to attach (Balkan Energy Limited, et al. v. Ghana, No. 1:17-cv-00584, D. D.C.).

Mealey's Labor & Employment - 5th Circuit Affirms Arbitrator Ruling For Union In Dispute Over Contract Workers

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 1 upheld an arbitrator's ruling in favor of a union in a dispute over an employer's use of numerous contract workers to complete a large project, finding that parties were bound by the decision pursuant to their collective bargaining agreement (CBA) as there was no showing of abuse of discretion (Delek Refining, Limited v. Local 202, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services Workers International Union, AFL-CIO, No. 17-40593, 5th Cir., 2018 U.S. App. LEXIS 14550).

Mealey's Litigation Procedure - Energy Community And Vienna Arbitration Center Reach Cooperation Agreement

VIENNA - The Energy Community Secretariat's Dispute Resolution Centre (EDRC) and the Vienna International Arbitral Centre (VIAC) announced June 2 that they have reached a cooperation agreement for dispute resolution.

Mealey's Toxic Tort/Environmental - Judge: Group Lacks Standing To Bring Suit Over Ash Basin Closure Plan

CHARLOTTE, N.C. - A public interest group lacks standing to sue an energy company over its plan to close ash basins that store coal combustion residuals (CCR) at a power plant, a federal judge in North Carolina ruled May 30, finding that the group failed to allege that the proposed plan has resulted in illegal discharges into nearby waterways (Roanoke River Basin Association v. Duke Energy Progress LLC, No. 17-cv-707, M.D. N.C., 2018 U.S. Dist. LEXIS 91293).

Mealey's Toxic Tort/Environmental - Split 4th Circuit Denies Rehearing En Banc Of Groundwater Ruling

RICHMOND, Va. - A divided panel of the Fourth Circuit U.S. Court of Appeals on May 30 denied a petition for rehearing en banc of its divided ruling that concluded that conservation groups have a valid claim against a company whose pipeline leaked 369,000 gallons of gasoline into local groundwater and other water sources (Upstate Forever, et al. v. Kinder Morgan Energy Partners LP, et al., No. 17-1640, 4th Cir.).

Mealey's Litigation Procedure - U.K. Energy Firms Ask D.C. Court To Allow It To Seek Ghana's Assets

Washington, D.C. - Energy firms on May 22 moved a District of Columbia federal court for an order allowing them to begin attachment and enforcement efforts in an attempt to satisfy payment of a $11.75 million award issued by the Permanent Court of Arbitration (PCA) against Ghana (Balkan Energy Limited, et al. v. Ghana, No. 1:17-cv-00584, D. D.C.).

Mealey's Bankruptcy - Claimants Seek To Have Future Asbestos Claims Against Debtors Reinstated

WILMINGTON, Del. - The due process violations suffered by future asbestos claimants from the reorganization plan of Chapter 11 debtor Energy Future Holdings Corp. (EFH) are so egregious that the plan's treatment of the claimants demands reversal, eight such claimants told a Delaware federal court May 21 in their appeal of the plan's confirmation (Sherry Fenicle, et al. v. Energy Future Holdings Corp., et al., No. 18-381, D. Del.).

Mealey's IP/Tech - Claims Of Patented Fracturing System Should Be Canceled, Petitioner Says

ALEXANDRIA, Va. - A patented tubular seat and tubular actuating system for use in oil and gas fracturing is rendered obvious and anticipated by various prior art, according to a May 10 petition for inter partes review filed with the Patent Trial and Appeal Board (Packers Plus Energy Services Inc. v. Baker Hughes Oilfield Operations LLC, No. IPR2018-01030, PTAB).

Mealey's Insurance - Justice Denies Dismissal Of Reinsurance Participation Agreements Dispute

QUEENS, N.Y. - In a May 4 order, a New York justice refused to dismiss a dispute under reinsurance participation agreements (RPAs) based upon a forum-selection clause because the case has been in litigation for several years now (The Energy Conservation Group LLC, et al. v. Applied Underwriters Inc., et al., No. 710762/2015, N.Y. Sup., Queens Co., 2018 N.Y. Misc. LEXIS 1555).

Mealey's IP/Tech - Federal Circuit Vacates Denial Of Fees In Fracking Patent Dispute

WASHINGTON, D.C. - In a May 4 holding, the Federal Circuit U.S. Court of Appeals affirmed findings by a North Dakota federal judge that a hydraulic fracturing patent is unenforceable due to an inventor's inequitable conduct before the U.S. Patent and Trademark Office (PTO) (Energy Heating LLC, et al. v. Heat-On-The-Fly LLC, et al., Nos. 2016-1559, -1893, -1894, Fed. Cir.).

Mealey's Litigation Procedure - Ghana, Energy Firms Appeal Judge's Confirmation Of PCA Award To D.C. Circuit

WASHINGTON, D.C. - Two energy companies and the Republic of Ghana on May 1 filed an appeal and cross-appeal with the D.C. Circuit U.S. Court of Appeals in relation to a recent district court ruling in which a judge confirmed a $11.75 million award issued by the Permanent Court of Arbitration (PCA) (Balkan Energy Limited, et al. v. Ghana, 18-7061, D.C. Cir.).

Mealey's Toxic Tort/Environmental - Pipeline Company To Pay $1.9M For Violating Consent Decree

DETROIT - A Canadian pipeline company on May 2 agreed to pay $1.9 million for violating the terms of a $177 million agreement entered in 2016 that required the company to allow the U.S. Environmental Protection Agency to inspect one of its pipelines to ensure that it complies with the Pipeline and Hazardous Materials Safety Administration's standards (United States v. Enbridge Energy L.P., et al., No. 16-cv-914, W.D. Mich.).

Mealey's Litigation Procedure - Expert Damages Report In Energy Drinks Spat Fails Reliability Test, Judge Agrees

DALLAS - An expert's opinion on damages in a suit over an energy drink products licensing agreement gone sour is "so speculative and unreliable that it would not assist the jury" and, therefore, must be excluded, a Texas federal judge held May 2 in overruling objections to a magistrate judge's findings (Jacked Up, LLC v. Sara Lee Corporation, No. 3:11-cv-3296, N.D. Texas, 2018 U.S. Dist. LEXIS 74721).

Mealey's Labor & Employment - Protective Order Denied; Information Is Relevant To Environmental Coverage Dispute

CHARLOTTE, N.C. - A North Carolina state business court judge on April 30 denied an insured's request for a protective order regarding documents produced during prior settlement negotiations with an insurer after determining that much of the information in the documents sought by the insurers is relevant to the parties' environmental contamination coverage dispute (Duke Energy Carolinas LLC, et al., v. AG Insurance SA, et al., No. 17-5594, N.C. Business, 2018 NCBC LEXIS 39).

Mealey's Insurance - Protective Order Denied; Information Is Relevant To Environmental Coverage Dispute

CHARLOTTE, N.C. - A North Carolina state business court judge on April 30 denied an insured's request for a protective order regarding documents produced during prior settlement negotiations with an insurer after determining that much of the information in the documents sought by the insurers is relevant to the parties' environmental contamination coverage dispute (Duke Energy Carolinas LLC, et al., v. AG Insurance SA, et al., No. 17-5594, N.C. Business, 2018 NCBC LEXIS 39).

Mealey's Toxic Tort/Environmental - Municipalities Tell 9th Circuit Energy Companies Cannot Appeal Remand Ruling

SAN FRANCISCO - Two California counties and the city of Imperial Beach told the Ninth Circuit U.S. Court of Appeals on April 30 that a number of energy companies accused of withholding information about the relationship between fossil fuels and climate change cannot appeal a federal judge's order remanding their suits, explaining that the decision does not involve a controlling question of law and will not lead to the termination of the litigation (San Mateo v. Chevron Corp., et al., No. 18-80049, 9th Cir.).

Mealey's IP/Tech - Supreme Court Denies Petitions For Certiorari In Several Patent Disputes

WASHINGTON, D.C. - In its April 30 orders list, the U.S. Supreme Court turned away challenges of various affirmances by the Federal Circuit U.S. Court of Appeals of inter partes reviews (IPRs) by the Patent Trial and Appeal Board, in view of its decision on April 24 in Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, (U.S. Sup.), which confirmed the constitutionality of the IPR procedure.

Mealey's Litigation Procedure - ConocoPhillips Says ICC Has Ordered Venezuela To Pay It $2.04B In Damages

HOUSTON - A Texas-based energy company on April 25 said an international arbitral tribunal has awarded it $2.04 billion in damages in an arbitration with Venezuela's national oil company.

Mealey's IP/Tech - Supreme Court Rejects Article III Challenge Of Inter Partes Review

WASHINGTON, D.C. - A divided U.S. Supreme Court on April 24 upheld the constitutionality of the inter partes review (IPR) procedure introduced in 2012 by the Leahy-Smith America Invents Act (AIA), 35 U.S.C. 100 (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).

Mealey's Litigation Procedure - Investors Ordered To Post Security Pending Challenge To Award For Pakistan

LONDON - An England and Wales High Court justice on Feb. 9 ordered a group of Mauritius investors to post security costs in favor of the Islamic Republic of Pakistan in relation to the investors' challenge of an arbitral award issued in Pakistan's favor in a dispute over the sale of an energy gas company (Progas Energy Limited, et al. v. The Islamic Republic of Pakistan, No. [2008] EWHC 209 [Comm], England and Wales High, Comm.).

Mealey's Litigation Procedure - California Court Finds Solar Energy Firm Did Not Need Contractor's License

LOS ANGELES - A California court on Feb. 1 affirmed a trial court's dismissal of a purchaser's class action claims for violation of California's unfair competition law (UCL) and another California law against a solar energy products company, finding that the company was not required to be a licensed contractor to complete its installations (Shawn Reed v. Sunrun Inc., No. B276862, Calif. App., 2nd Dist., Div. 2, 2018 Cal. App. Unpub. LEXIS 743).

Mealey's Antitrust/Unfair Competition - California Court Finds Solar Energy Firm Did Not Need Contractor's License

LOS ANGELES - A California court on Feb. 1 affirmed a trial court's dismissal of a purchaser's class action claims for violation of California's unfair competition law (UCL) and another California law against a solar energy products company, finding that the company was not required to be a licensed contractor to complete its installations (Shawn Reed v. Sunrun Inc., No. B276862, Calif. App., 2nd Dist., Div. 2, 2018 Cal. App. Unpub. LEXIS 743).

Mealey's Securities/D&O Liability - General Proximate Cause Test Found To Be Proper Test For Pleading Loss Causation

SAN FRANCISCO - A federal district court's application of a general proximate cause test was the proper test for determining loss causation in a securities class action lawsuit brought by shareholders against a solar energy company and certain of its current and former executive officers, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 31 in affirming the lower court's ruling and clarifying the lower court's question on appeal (Mineworkers' Pension Scheme v. First Solar Inc., No. 15-17282, 9th Cir., 2018 U.S. App. LEXIS 2450).

Mealey's Litigation Procedure - Final Hearing In Treaty Dispute Over Indian Tax Assessment Scheduled

EDINBURGH, Scotland - A U.K. energy firm on Jan. 23 gave an update on its pending arbitration with the Indian Income Tax Department, announcing that a final hearing is scheduled for later this year.

Mealey's IP/Tech - Kansas Federal Judge Won't Refer Case To Register Of Copyrights

KANSAS CITY, Kan. - In a Jan. 17 ruling, a Kansas federal judge denied a motion to refer to the Register of Copyrights allegations by an infringement defendant that a copyright registration for the Oil Daily publications is invalid (Energy Intelligence Group Inc., et al., v. CHS McPherson Refinery Inc., No. 16-1015, D. Kan., 2018 U.S. Dist. LEXIS 7048).