LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal judge ruled Jan. 23 (General Star Indemnity Co. v. Driven Sports Inc., No 14-3579, E.D. N.Y.; 2015 U.S. Dist. LEXIS 7966).

Mealey's Insurance - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal judge ruled Jan. 23 (General Star Indemnity Co. v. Driven Sports Inc., No 14-3579, E.D. N.Y.; 2015 U.S. Dist. LEXIS 7966).

Mealey's Litigation Procedure - Russian Energy Firm Settles London Arbitration And Litigation Disputes

MOSCOW - A Russian energy company on Jan. 13 announced that it has entered a settlement agreement with a former director, which will resolve pending litigation and a dispute over a London arbitration award.

Mealey's Toxic Tort/Environmental - Judge Denies Dismissal Without Prejudice In Tainted Groundwater Case

HARRISBURG, Pa. - A federal judge in Pennsylvania on Jan. 13 denied a motion filed by a group of plaintiffs seeking to dismiss without prejudice their groundwater contamination case against three energy companies, ruling that the plaintiffs failed to justify their request (Tammy Manning v. WPX Energy Appalachia LLC, No. 12-0646, M.D. Pa.; 2015 U.S. Dist. LEXIS 3641).

Mealey's Bankruptcy - Bankruptcy Judge To Set Bar Date For Asbestos Claims Against Energy Company

WILMINGTON, Del. - A bar date for prepetition claims, including future claims by unknown persons who have yet to manifest any sign of illness from exposure to asbestos, must be established in the Chapter 11 case of Energy Future Holdings Corp. (EFH) but may be extended later for cause shown, a Delaware federal bankruptcy judge held Jan. 7 (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.; 2015 Bankr. LEXIS 27).

Mealey's Toxic Tort/Environmental - Energy Company: Groundwater Case 'Procedurally Improper,' Should Be Dismissed

CHARLOTTE, N.C. - An energy company being sued for allegedly contaminating groundwater as a result of its operation of a coal generating plant on Jan. 5 filed a brief arguing that the case should be dismissed because the lawsuit is "a misuse" of the citizen suit power contained in the Clean Water Act (CWA), 33 U.S. Code Section 1251, et seq. (Yadkin Riverkeeper, et al. v. Duke Energy Carolinas LLC, No. 14-00753, M.D. N.C.).

Mealey's Labor & Employment - New York Court Reverses Award Of Benefits For Mold Exposure

ALBANY, N.Y. - A New York appeals court on Dec. 31 reversed a board's decision to award a maintenance worker benefits, finding insufficient evidence to show that his respiratory issues were caused by occupational exposure to mold (Edward Connolly v. Covanta Energy Corp., et al., No. 518493, N.Y. Sup.; App. Div.; 3rd Dept.; 2014 N.Y. App. Div. LEXIS 8995).

Mealey's Toxic Tort/Environmental - New York Court Reverses Award Of Benefits For Mold Exposure

ALBANY, N.Y. - A New York appeals court on Dec. 31 reversed a board's decision to award a maintenance worker benefits, finding insufficient evidence to show that his respiratory issues were caused by occupational exposure to mold (Edward Connolly v. Covanta Energy Corp., et al., No. 518493, N.Y. Sup.; App. Div.; 3rd Dept.; 2014 N.Y. App. Div. LEXIS 8995).

Mealey's Litigation Procedure - English Court Refuses To Set Aside Award For Canadian Energy Firm

VANCOUVER, British Columbia - An energy resource company on Dec. 19 announced that an English high court has refused to set aside an arbitration award that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration.

Mealey's Toxic Tort/Environmental - Halliburton, Residents Seek Settlement Conference In Radioactive Waste Case

OKLAHOMA CITY - Halliburton Energy Services Inc. (HESI) and a group of residents who sued the company alleging injury from exposure to radioactive waste on Dec. 9 filed a joint motion in Oklahoma federal court seeking a settlement conference (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-01272, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Resident, Fracking Company Dispute Validity Of Lease For Oil And Gas Exploration

COLUMBUS, Ohio - An energy company that is being sued by a landowner who is seeking a ruling that the lease she entered with the company to allow hydraulic fracturing on her land has terminated on Dec. 9 removed the case to Ohio federal court and filed its answer, contending that the complaint fails to state a claim upon which relief may be granted (Nikki Filicky v. American Energy - Utica LLC, No. 14-02550, S.D. Ohio).

Mealey's Litigation Procedure - Tribunal Awards Oil And Gas Fund $5 Million In Loan Agreement Dispute

TORONTO - A Canadian energy corporation on Dec. 2 announced that an international arbitration tribunal has issued an award against it in a dispute with an oil and gas fund.

Mealey's Toxic Tort/Environmental - Pennsylvania Groups Appeal Fracking Permit Approval

HARRISBURG, Pa. - An environmental watchdog and a group of residents on Dec. 1 renewed their appeal of a decision by the Pennsylvania Department of the Environment (DEP) that granted a hydraulic fracturing permit to an energy company, arguing that the DEP failed to adhere to standards and comply with the requirements of the Pennsylvania Constitution (The Delaware Riverkeeper Network, et al. v. Commonwealth of Pennsylvania, et al. [in re: XTO Energy Inc.], No. 2014-101, Pa. EHB).

Mealey's Toxic Tort/Environmental - Texas Judge Sets Dates For Discovery, Trial In Fracking Contract Dispute

HOUSTON - The federal judge in Texas presiding over a contract dispute between a hydraulic fracturing company and another company that provided technology services for the operation of the fracking business on Dec. 1 issued an order setting the deadline for discovery, mediation and eventual trial, if necessary (Southwestern Energy Production Co. v. Crawford Technical Services LLC, No. H-14-1742, S.D. Texas).

Mealey's Toxic Tort/Environmental - Gas Exploration Company Sues Fracking Operator For Share Of Oil And Gas Assets

HOUSTON - An oil and gas exploration company on Nov. 25 filed a complaint in the U.S. District Court for the Southern District of Texas against a hydraulic fracturing company, contending that it has breached its contract by not offering the exploration company an opportunity to purchase a proportionate share of oil and gas assets the exploration company says it is due under a contract with a previous company (Energy & Exploration Partners LLC v. New Gulf Resources LLC, No. 14-03375, S.D. Texas).

Mealey's Litigation Procedure - Judge Extends Discovery Deadline In Fracking Well Contamination Lawsuit

SCRANTON, Pa. - A Pennsylvania federal judge on Nov. 18 granted a second extension of discovery in a hydraulic fracturing lawsuit brought by a group of residents who contend that residential water wells were contaminated by hydraulic fracturing chemicals. The order constituted one paragraph and provided no explanation for the judge's decision (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.).

Mealey's Toxic Tort/Environmental - Judge Extends Discovery Deadline In Fracking Well Contamination Lawsuit

SCRANTON, Pa. - A Pennsylvania federal judge on Nov. 18 granted a second extension of discovery in a hydraulic fracturing lawsuit brought by a group of residents who contend that residential water wells were contaminated by hydraulic fracturing chemicals. The order constituted one paragraph and provided no explanation for the judge's decision (Susan Berish, et al. v. Southwestern Energy Production Co., et al., No. 10-1981, M.D. Pa.).

Mealey's Litigation Procedure - Ukrainian Company Seeks Confirmation Of $39M UNCITRAL Award

WASHINGTON, D.C. - A Ukrainian company on Nov. 14 filed a petition to confirm a $39,172,714 international arbitration award in a District of Columbia federal court that was issued in its favor and against the Republic of Moldova in dispute over breaches of the Energy Charter Treaty (ECT) (LLC Energoalliance v. Republic of Moldova, No. 14-1921, D. D.C.).

Mealey's Toxic Tort/Environmental - Woman Who Claims Exposure To Chemicals From Fracking Appeals To Canada High Court

OTTAWA - A Canadian woman on Nov. 13 filed an application for leave to appeal to the Canadian Supreme Court a ruling by the Alberta Court of Appeals, which dismissed her lawsuit against a hydraulic fracturing company and the Canadian Energy Resources Conservation Board (CERCB) for alleged exposure to hazardous amounts of methane, ethane and other chemicals (Jessica Ernst v. The Energy Resources Conservation Board, et al., No. 14-36167, Canada Sup.).

Mealey's Litigation Procedure - Judge: Discovery Order Not Amended In Radioactive Waste Case Against Halliburton

OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Judge: Discovery Order Not Amended In Radioactive Waste Case Against Halliburton

OKLAHOMA CITY - The federal judge in Oklahoma presiding over a lawsuit brought against Halliburton Energy Services Inc. (HESI) by a group of residents who allege injury from exposure to radioactive waste on Nov. 10 ruled that a discovery order should not be amended to provide for random selection of discovery plaintiffs (Mitchell L. McCormick v. Halliburton Energy Services Inc., No. 11-012723, W.D. Okla.).

Mealey's Toxic Tort/Environmental - Energy Company Seeks Federal Review Of Pipeline Projects Valued At $5 Billion

RICHMOND, Va. - Energy company Dominion Resources Inc. on Nov. 4 submitted a request to the Federal Energy Regulatory Commission (FERC) asking it to begin its environmental review of a proposed $500 million pipeline that would transport natural gas to Virginia and North Carolina.

Mealey's Toxic Tort/Environmental - New York High Court Denies Rehearing Of Fracking Ban Lawsuit

ALBANY, N.Y. - The New York Court of Appeals on Oct. 16 refused to rehear a hydraulic fracturing ban lawsuit in which the court split when it issued its opinion concluding that local municipalities may pass bans on the oil and gas extraction procedure because the supersession clause in the statewide Oil, Gas Solution Mining Law (OGSML) does not preempt the home rule authority vested in municipalities to regulate land use (Norse Energy Corp. USA v. Town of Dryden, et al., No. APL-2013-00245, N.Y. App.).

Mealey's Litigation Procedure - NAFTA Hearing Between Energy Firm And Canada To Commence This Month

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Oct. 15 announced that a hearing in a dispute filed by an energy company that alleges that Canada violated the North American Free Trade Agreement (NAFTA) will soon commence (Mesa Power Group v. Government of Canada, No. 2012-17, PCA).

Mealey's Litigation Procedure - Ontario Court Grants Injunction; Stans Seeks To Enforce Russian Award

TORONTO - A Canadian energy company on Oct. 14 announced in news release that a Canadian court has issued an injunction in its favor and against the Kyrgyz Republic barring it from selling shares of a gold-mining company and said that it will seek an extension of the injunction pending an enforcement hearing in relation to an $118 million arbitration award in its favor.