LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Class Certification Denied For Energy Future Holdings' Future Asbestos Claimants

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Dec. 16 rejected a request by three people who were exposed to asbestos but do not yet have an asbestos-related disease to represent a class of similar claimants in the Chapter 11 case of Energy Future Holdings Corp. (EFH) (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

Mealey's Bankruptcy - Class Certification Denied For Energy Future Holdings' Future Asbestos Claimants

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Dec. 16 rejected a request by three people who were exposed to asbestos but do not yet have an asbestos-related disease to represent a class of similar claimants in the Chapter 11 case of Energy Future Holdings Corp. (EFH) (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

Mealey's Litigation Procedure - ICSID Issues Award In Case Against Hungary, Releases Decision On Disqualification

WASHINGTON, D.C. - After a recent award was issued in a dispute commenced under the Energy Charter Treaty (ECT) against the Republic of Hungary, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 30 released its decision on a Belgian energy company's request to disqualify an arbitrator (Electrabel S.A. v. The Republic of Hungary, No. ARB/07/19, ICSID).

Mealey's Toxic Tort/Environmental - 4th Circuit Grants EPA Administrator's Request To Block Deposition

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Nov. 25 granted the U.S. Environmental Protection Agency Administrator Gina McCarthy's petition for a writ of mandamus seeking to block her deposition in a suit brought by energy companies accusing her of failing to perform her nondiscretionary duty to evaluate how the agency's implementation of the Clean Air Act (CAA) is affecting the coal industry (In re: Gina McCarthy, No. 15-2390, 4th Cir.).

Mealey's Litigation Procedure - Judge Freezes $476 Million In Assets Related To Petition To Confirm

NEW YORK - A New York federal judge on Nov. 23 granted a transportation company's request for an injunction freezing $476,700,190.49 in assets and other assets in relation to its petition to confirm a $359,997,368.50 arbitration award that was issued in its favor by the Hong Kong International Arbitration Centre (HKIAC) (GE Transporation [Shenyang] Co. Ltd. v. A-Power Energy Generation Systems Ltd., No. 15-6194, S.D. N.Y.; 2015 U.S. Dist. LEXIS 158230).

Mealey's Litigation Procedure - Federal Judge Confirms $765,436 Award Issued For Singapore Companies

NEW YORK - A New York federal judge on Nov. 18 granted a Singapore group of company's request to confirm a $765,436.98 arbitral award that was issued in its favor and against a Delaware company in relation to breach of a charter party (Navig8 Chemicals Asia Pte., Ltd., et al. v. Crest Energy Partners LP, No. 15 Civ. 7639, S.D. N.Y.; 2015 U.S. Dist. LEXIS 155820).

Mealey's Litigation Procedure - English Court Finds ICC Has Jurisdiction Over Oil Contract Dispute

LONDON - An English appeals court on Nov. 17 dismissed an appeal filed by a petroleum corporation and a Pakistan entity of a decision that found that an international arbitration court has jurisdiction to hear a dispute related to contracts for oil exploration and allowed a Mauritius company's appeal to set aside a stay of the case (Sadruddin Hashwani, et al. v. OMV Maurice Energy Limited, No. [2015] EWCA Civ. 1171).

Mealey's Toxic Tort/Environmental - Judge: Underground Coal Companies Can Depose EPA Administrator

WHEELING, W.Va. - A federal judge in West Virginia on Nov. 12 ruled that a number of underground coal companies alleging that Gina McCarthy, the administrator of the U.S. Environmental Protection Agency, is violating the Clean Air Act (CAA) by failing to evaluate how the agency's enforcement of the statute is affecting jobs in the industry can depose the administrator after finding that the plaintiff companies were able to show that she has not delegated the responsibility to anyone else within the agency (Murray Energy Corporation, et al. v. Gina McCarthy, Administrator, United States Environmental Protection Agency, No. 14-cv-39, N.D. W.Va.; 2015 U.S. Dist. LEXIS 152914).

Mealey's Litigation Procedure - Canadian Company Files PCA Case Against Kyrgyz, Issues Update On Enforcement

TORONTO - A Canadian energy company on Nov. 11 announced that it has filed a new arbitration with the Permanent Court of Arbitration (PCA) against the Kyrgyz Republic and said it is finalizing the materials to enforce a $118 million arbitration award issued in its favor and against Kyrgyz by a Russian tribunal.

Mealey's Toxic Tort/Environmental - Judge Refuses To Dismiss Sierra Club's Suit Over Discharges To Groundwater

NORFOLK, Va. - A federal judge in Virginia on Nov. 6 denied a motion to dismiss filed by Virginia Power and Electric Co., doing business as Dominion Virginia Power, after finding that Sierra Club had standing to bring a lawsuit accusing the energy company of violating the Clean Water Act (CWA) by discharging coal ash into groundwater that eventually leads to a navigable body of water (Sierra Club v. Virginia Electric and Power Company, d/b/a Dominion Virginia Power, No. 15cv112, E.D. Va.; 2015 U.S. Dist. LEXIS 151200).

Mealey's Toxic Tort/Environmental - Judge: Coal Ash Groundwater Contamination Case Valid

CHARLOTTE, N.C. - The federal judge in North Carolina presiding over a lawsuit brought by an environmental group that contends that Duke Energy Carolinas LLC is liable for contamination of groundwater in connection with its operation of a steam power station on Oct. 20 denied the company's motion to dismiss the case on grounds the environmental groups have standing to bring the lawsuit (Yadkin Riverkeeper, et al. v. Duke Energy Carolinas LLC, No. 14-00753, M.D. N.C.).

Mealey's Litigation Procedure - U.S. Supreme Court Declines Review Of 10th Circuit Securities Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 declined review of a 10th Circuit U.S. Court of Appeals ruling in a securities class action lawsuit challenging the materiality pleading standard for stating claims under federal securities law (United Food and Commercial Workers Union Local 880 Pension Fund v. Chesapeake Energy Corp., et al., No. 14-1233, U.S. Sup.).

Mealey's Securities/D&O Liability - U.S. Supreme Court Declines Review Of 10th Circuit Securities Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 5 declined review of a 10th Circuit U.S. Court of Appeals ruling in a securities class action lawsuit challenging the materiality pleading standard for stating claims under federal securities law (United Food and Commercial Workers Union Local 880 Pension Fund v. Chesapeake Energy Corp., et al., No. 14-1233, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Duke Energy, North Carolina Reach $7M Deal On Coal Ash Contamination

CHARLOTTE, N.C. - Duke Energy Corp., which had initially appealed a $25,116,883.61 fine levied by the North Carolina Department of Environment and Natural Resources (DENR) for groundwater contamination resulting from its operation of a coal-generating plant, on Sept. 29 agreed to settle the claims brought by the DENR for $7 million.

Mealey's Bankruptcy - Asbestos Claimants' Opposition Included In Energy Future Plan, Statement

WILMINGTON, Del. - Chapter 11 debtor Energy Future Holdings Corp.'s (EFH) disclosure statement for its fourth amended plan of reorganization, filed Sept. 18 in Delaware federal bankruptcy court, adds language about asbestos claims - including a statement from the asbestos creditors' committee - making clear that the claimants believe the plan cannot be confirmed without using Section 524(g) of the U.S. Bankruptcy Code to address asbestos claims (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).

Mealey's Toxic Tort/Environmental - EPA, Duke Energy Resolve Suit Over Emissions From Coal-Fired Plants

GREENSBORO, N.C. - The U.S. Environmental Protection Agency and Duke Energy Corp. on Sept. 10 entered into a consent decree in North Carolina federal court in which the company agreed to pay a $975,000 civil penalty for violating the Clean Air Act (CAA) and agreed to spend $4.4 million on environmental mitigation projects to resolve a lawsuit claiming that it made illegal modifications to 13 coal-fired electricity-generating units at five power plants in the state (United States of America, et al. v. Duke Energy Corporation, No. 00CV1262, M.D. N.C.).

Mealey's IP/Tech - Federal Judge Enters Default For Monster Energy, Awards Damages

RIVERSIDE, Calif. - A California federal judge on Sept. 8 partially granted an energy drink company's motion for a default ruling on its claims for violation of California's unfair competition law (UCL) and trademark infringement against an individual, awarding it $15,000 in statutory damages (Monster Energy Co. v. Mike McNamee, No. 15-0084, C.D. Calif.; 2015 U.S. Dist. LEXIS 120295).

Mealey's Antitrust/Unfair Competition - Federal Judge Enters Default For Monster Energy, Awards Damages.

RIVERSIDE, Calif. - A California federal judge on Sept. 8 partially granted an energy drink company's motion for a default ruling on its claims for violation of California's unfair competition law (UCL) and trademark infringement against an individual, awarding it $15,000 in statutory damages (Monster Energy Co. v. Mike McNamee, No. 15-0084, C.D. Calif.; 2015 U.S. Dist. LEXIS 120295).

Mealey's Litigation Procedure - ICSID Constitutes Tribunal In Energy Charter Treaty Arbitration Against Romania

WASHINGTON, D.C. - The International Centre for Settlement of Investment (ICSID) on Sept. 4 constituted a tribunal that will hear an energy charter treaty arbitration commenced by a Swiss company against Romania in relation to the termination of energy delivery contracts (Alpiq AG v. Romania, No. ARB/14/28, ICSID).

Mealey's Insurance - Florida Judge Says Partial Default Judgment Against Insurer Is Appropriate

JACKSONVILLE, Fla. - A partial default judgment entered against an insurer on an insured's bad faith claim in an environmental contamination coverage suit is an appropriate sanction because the insurer failed to produce requested documents until almost two years later, a Florida federal judge said Sept. 2 (First Coast Energy LLP v. Mid-Continent Casualty Co., No. 12-281, M.D. Fla.; 2015 U.S. Dist. LEXIS 117120).

Mealey's Insurance - 10th Circuit Affirms Sanctions Against Counsel Of Record In Securities Suit

DENVER - Because an energy company's counsel of record bore responsibility for disclosing any potentially applicable insurance policies, a 10th Circuit U.S. Court of Appeals panel on Sept. 2 upheld a trial court's award of sanctions against the attorney for failing to submit a copy of a directors and officers (D&O) liability policy during discovery (Sun River Energy Inc. v. Erik S. Nelson, et al., No. 14-1321, 10th Cir.; 2015 U.S. App. LEXIS 15645).

Mealey's Securities/D&O Liability - 10th Circuit Affirms Sanctions Against Counsel Of Record In Securities Suit

DENVER - Because an energy company's counsel of record bore responsibility for disclosing any potentially applicable insurance policies, a 10th Circuit U.S. Court of Appeals panel on Sept. 2 upheld a trial court's award of sanctions against the attorney for failing to submit a copy of a directors and officers (D&O) liability policy during discovery (Sun River Energy Inc. v. Erik S. Nelson, et al., No. 14-1321, 10th Cir.; 2015 U.S. App. LEXIS 15645).

Mealey's Litigation Procedure - 10th Circuit Affirms Sanctions Against Counsel Of Record In Securities Suit

DENVER - Because an energy company's counsel of record bore responsibility for disclosing any potentially applicable insurance policies, a 10th Circuit U.S. Court of Appeals panel on Sept. 2 upheld a trial court's award of sanctions against the attorney for failing to submit a copy of a directors and officers (D&O) liability policy during discovery (Sun River Energy Inc. v. Erik S. Nelson, et al., No. 14-1321, 10th Cir.; 2015 U.S. App. LEXIS 15645).

Mealey's Insurance - No Additional Coverage Owed For Damages Caused By Oil Seepage, Panel Says

BALTIMORE - No additional coverage exists under an auto policy for property damages caused when oil was pumped into an incorrect home by the insured because the auto policy's limits were exhausted, the Maryland Special Court of Appeals said Aug. 25 (Griffith Energy Services Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., No. 923, Md. App.; 2015 Md. App. LEXIS 104).

Mealey's IP/Tech - Kansas Federal Judge Transfers Copyright Case To Texas Court

WICHITA, Kan. - A copyright dispute over unauthorized sharing of an e-newsletter should proceed in Texas federal court, U.S. Judge Monti L. Belot of the District of Kansas ruled Aug. 20 (Energy Intelligence Group Inc. et al. v. Frontier El Dorado Refining LLC, No. 15-1152, D. Kan.; 2015 U.S. Dist. LEXIS 110192).