LONDON - An English exploration company on March 23 announced that it has commenced arbitration against the Republic of Italy, asserting that it breached the Energy Charter Treaty (ECT).
TRENTON, N.J. - A New Jersey federal judge on March 17 decided several motions to exclude testimony in a putative class action against the manufacturer and retailers of a washer that was not energy efficient despite a label on the product (Charlene Dzielak, et al. v. Whirlpool Corp., et al., No. 12-0089, D. N.J., 2017 U.S. Dist. LEXIS 39232).
LOS ANGELES - A federal judge in California on March 15 substantially dismissed a securities class action complaint against a solar energy products manufacturer and certain of its executive officers, ruling that shareholders failed to plead the requisite elements of a majority of their federal securities laws claims (Kevin T. Know, et al. v. Yingli Green Energy Holding Co. Ltd., et al., No. 15-4003, C.D. Calif., 2017 U.S. Dist. LEXIS 37223).
WILMINGTON, Del. - Defendants in a securities class action lawsuit over a proposed merger deal have failed to show that a shareholder did not provide sufficient evidence to support his claims that the defendants issued a series of misrepresentations and omissions in a proxy and registration statement for the deal in violation of federal securities laws, a federal judge in Delaware ruled March 13 in denying the defendants' motion to dismiss (Robert Hurwitz v. LRR Energy LP, et al., No. 15-711, D. Del., 2017 U.S. Dist. LEXIS 35108).
HOUSTON - Shareholders in a securities class action lawsuit against an energy company, several of its executive officers and directors and others may amend their complaint to add a claim for relief because their motion was filed prior to the deadline for amendments and amendment would not be futile, a federal judge in Texas ruled March 10 in granting the motion (In re Cobalt International Energy Inc. Securities Litigation, No. 14-3428, S.D. Texas; 2017 U.S. Dist. LEXIS 34437).
NEW ORLEANS - Louisiana law will govern a survivorship claim as its application does not substantially affect Idaho, while the latter state's policy against punitive damages precludes allowing that claim to proceed in an asbestos action, a federal judge in Louisiana held March 6 (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La.).
NEW ORLEANS - An expert's conclusion that six defendants' products couldn't have caused a man's mesothelioma impermissibly leaps to specific causation from his general causation opinion regarding chrysotile asbestos' role in the disease, a federal judge in Louisiana held March 6 (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La., 2017 U.S. Dist. LEXIS 31117).
NEW ORLEANS - Manufacturers of bare metal products can be liable for asbestos in component parts if they assisted in integrating the asbestos part with their own product, knew the hazards involved in the part, or recommended the asbestos-containing part, a federal judge in Louisiana held March 6 in explaining what he earlier described as a "third way" of handling the bare-metal defense (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La.).
TORONTO - A Canadian energy company on March 8 said the Kyrgyz Republic has filed an application with an English court, seeking to set aside a jurisdictional award that was issued in favor of the company by an international arbitral tribunal.
NEW ORLEANS - Experts' failure to tether the opinion that small asbestos doses cause mesothelioma to the specific exposures in question renders their opinions too similar to the type of "every exposure" theory rejected by courts, a federal judge in Louisiana held March 6 (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La., 2017 U.S. Dist. LEXIS 31117).
OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) on March 1 filed a brief in Oklahoma federal court, arguing that the district court should modify a scheduling order to extend the discovery deadline and change the date of trial plaintiff selection in a collection of lawsuits brought by residents who allege that the company is liable for their injuries by the alleged presence of perchlorate in the aquifer that supplies their drinking water (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).
TORONTO - An energy firm on Feb. 28 announced that a Canadian court has recognized and enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan.
HOUSTON - Dismissal of a securities class action lawsuit is proper, a federal judge in Texas ruled Feb. 14, because lead plaintiffs failed to plead any actionable misrepresentations or scienter in arguing that an offshore energy services company and certain of its current and former executive officers misrepresented repair issues with one of the company's well intervention vessels in violation of federal securities laws (Parvis Izadjoo v. Helix Energy Solutions Group Inc., et al., No. 15-2213, S.D. Texas, 2017 U.S. Dist. LEXIS 20444).
OKLAHOMA CITY - A hydraulic fracturing company filed a brief in Oklahoma federal court on Jan. 25, arguing that a company that purchases royalties and mineral rights is attempting to get "two bites at the apple" on its claim that the fracking company has underpaid royalties to a group of mineral rights owners (Chieftain Royalty Company v. SM Energy Company, et al., No. 11-177, W.D. Okla.).
MOBILE, Ala. - An Alabama federal judge on Feb. 3 granted a French energy company's motion to compel arbitration in Germany of claims asserted by numerous insurers in relation to a failed engine (Outokumpu Stainless USA LLC, et al. v. Converteam SAS, a foreign corporation now known as GE Energy Conversion France SAS, Corp., No. 16-00378, S.D. Ala., 2017 U.S. Dist. LEXIS 15331).
TORONTO, Ontario - Stans Energy Corp. on Jan. 26 said the Permanent Court of Arbitration (PCA) has issued an award in an arbitration commenced against the Kyrgyz Republic, finding that it has jurisdiction over the case (Stans Energy Corp. and Kutisay Mining LLC v. The Kyrgyz Republic, No. 2015-32, PCA).
HOUSTON - Each issue of a daily newsletter constitutes a single work, and an annual subscription does not constitute a compilation under the Copyright Act, a Texas federal judge ruled Jan. 24 (Energy Intelligence Group Inc. v. Kayne Anderson Capital Advisors LP and KA Fund Advisors LP, No. 14-1903, S.D. Texas; 2017 U.S. Dist. LEXIS 9426).
WILMINGTON, Del. - Four asbestos personal injury claimants on Jan. 18 asked a Delaware federal judge to decide whether several affiliates of debtor Energy Future Holdings Corp. (EFH) had a valid bankruptcy purpose when filing their Chapter 11 petitions or whether they filed for bankruptcy as a litigation tactic to evade asbestos liabilities (Shirley Fenicle, et al. v. Energy Future Holdings Corp., No. 17-9, D. Del.).