LexisNexis® Legal Newsroom
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).

Mealey's Litigation Procedure - Investor Failed To Plead Misstatements, Scienter In Securities Suit, Judge Rules

NEW YORK - A lead plaintiff in a securities class action lawsuit against an energy company and certain of its current and former executive officers failed to plead any material misrepresentation or omissions or scienter to support his federal securities law claim that the defendants concealed that the company's former CEO neglected his responsibilities to the company while secretly exercising control over another company that did significant business with the energy company, a federal judge in New York ruled Jan. 10 in granting the defendants' motions to dismiss (Jeffrey Fries v. Northern Oil & Gas Inc., et al., No. 16-6543, S.D. N.Y., 2018 U.S. Dist. LEXIS 5307).

Mealey's Securities/D&O Liability - Investor Failed To Plead Misstatements, Scienter In Securities Suit, Judge Rules

NEW YORK - A lead plaintiff in a securities class action lawsuit against an energy company and certain of its current and former executive officers failed to plead any material misrepresentation or omissions or scienter to support his federal securities law claim that the defendants concealed that the company's former CEO neglected his responsibilities to the company while secretly exercising control over another company that did significant business with the energy company, a federal judge in New York ruled Jan. 10 in granting the defendants' motions to dismiss (Jeffrey Fries v. Northern Oil & Gas Inc., et al., No. 16-6543, S.D. N.Y., 2018 U.S. Dist. LEXIS 5307).

Mealey's Toxic Tort/Environmental - Judge Dismisses Groups' Suit Over Energy Company's Coal Ash Discharges

LEXINGTON, Ky. - A federal judge in Kentucky on Dec. 28 dismissed with prejudice a claim brought by two environmental groups contending that Kentucky Utilities Co. (KU) is violating the Clean Water Act by allowing storm water containing pollutants from its coal-ash settlement ponds to migrate into a navigable waterway, holding that the discharges are not subject to the act's National Pollutant Discharge Elimination System (NPDES) permit requirements (Kentucky Waterways Alliance, et al. v. Kentucky Utilities Co., No. 17-cv-292-DCR, E.D. Ky., 2017 U.S. Dist. LEXIS 212329).

Mealey's Bankruptcy - Asbestos Claimants Say Energy Future's Plan Cannot Be Confirmed

WILMINGTON, Del. - The revised plan of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) cannot be confirmed because its treatment of claimants who have not yet developed an asbestos disease is unlawful and it was proposed in bad faith, eight asbestos personal injury claimants tell the Delaware federal bankruptcy court in a Dec. 19 objection to the plan (In re Energy Future Holdings Corp., et al., No. 14-10979, D. Del. Bkcy.).

Mealey's Toxic Tort/Environmental - Groups Sue Federal Agency Over Amendment To Methane Rule For Energy Companies

SAN FRANCISCO - A collection of environmental advocacy groups on Dec. 19 filed a lawsuit in California federal court against Secretary of the Interior Ryan Zinke and two federal agencies contending that they are violating federal law with regard to the U.S. Bureau of Land Management's (BLM) final decision to amend the compliance deadlines for what is known as the methane waste prevention rule (Sierra Club, et al. v. Ryan Zinke, et al., No. 17-7187, N.D. Calif.).

Mealey's Labor & Employment - 5th Circuit Says 1-Year Statute Of Limitations Bars Disability Claimant's Suit

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 14 affirmed a district court's ruling that a disability claimant's suit is barred under Louisiana's applicable one-year statute of limitations because the suit was not filed within a year after the claimant requested plan documents from the plan administrator (Todd M. Babin v. Quality Energy Services Inc., No. 17-30059, 5th Cir., 2017 U.S. App. LEXIS 25275).

Mealey's Labor & Employment - Split NLRB Overrules DuPont In Decision On Duty To Bargain Changes

WASHINGTON, D.C. - The National Labor Relations Board, in a 3-2 decision issued Dec. 15, overruled E.I. du Pont de Nemours, 364 NLRB No. 113 (2016) (DuPont), calling the majority opinion "fundamentally flawed" and holding that an employer's modification of unit employee health care benefits following the expiration of a collective bargaining agreement (CBA) was simply a continuation of past practice and not a "change" requiring notice to the union and an opportunity to bargain (Raytheon Network Centric Systems and United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, No. 25-CA-092145, NLRB).

Mealey's Insurance - 5th Circuit Says 1-Year Statute Of Limitations Bars Disability Claimant's Suit

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 14 affirmed a district court's ruling that a disability claimant's suit is barred under Louisiana's applicable one-year statute of limitations because the suit was not filed within a year after the claimant requested plan documents from the plan administrator (Todd M. Babin v. Quality Energy Services Inc., No. 17-30059, 5th Cir., 2017 U.S. App. LEXIS 25275).

Mealey's Toxic Tort/Environmental - Halliburton Must Provide Information In Groundwater Case, Plaintiffs Say

OKLAHOMA CITY - Residents who argue that Halliburton Energy Services Inc. (HESI) is liable for contaminating their drinking water supply with perchlorate on Dec. 6 filed a brief in an Oklahoma federal court contending that HESI should be compelled to produce documents and other information (Albin Family Revocable Living Trust, et al. v. Halliburton Energy Services Inc., No. 16-910, W.D. Okla.).

Mealey's Litigation Procedure - 9th Circuit Panel Hears Oral Argument In Accounting Misrepresentation Lawsuit

SAN FRANCISCO - Parties in a securities class action lawsuit against a company that sells renewable energy and certain of its executive officers asked a Ninth Circuit U.S. Court of Appeals panel on Dec. 4 to determine whether a federal district court erred in dismissing the action for failure to plead scienter under a holistic approach (James Webb v. SolarCity Corp., et al., No. 16-16440, 9th Cir.).

Mealey's Securities/D&O Liability - 9th Circuit Panel Hears Oral Argument In Accounting Misrepresentation Lawsuit

SAN FRANCISCO - Parties in a securities class action lawsuit against a company that sells renewable energy and certain of its executive officers asked a Ninth Circuit U.S. Court of Appeals panel on Dec. 4 to determine whether a federal district court erred in dismissing the action for failure to plead scienter under a holistic approach (James Webb v. SolarCity Corp., et al., No. 16-16440, 9th Cir.).

Mealey's Securities/D&O Liability - Ruling In Securities Suit Conflicts With Supreme Court Precedent, Investor Says

RICHMOND, Va. - The lead plaintiff in a securities class action lawsuit against an energy provider and its CEO asked the Fourth Circuit U.S. Court of Appeals on Nov. 29 to rehear its appeal of a federal district court's dismissal of its amended complaint for failure to plead scienter, claiming that the panel's opinion affirming the lower court's ruling is in conflict with U.S. Supreme Court and Fourth Circuit precedent (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir.).

Mealey's Toxic Tort/Environmental - Constitutionality Of Inter Partes Review Procedure Debated By Supreme Court

WASHINGTON, D.C. - In a case that could upend the landscape for patent litigants globally, the U.S. Supreme Court heard oral arguments Nov. 27 in a dispute over the constitutionality of inter partes review (IPR) proceedings by the U.S. Patent and Trademark Office (PTO's) Patent Trial and Appeal Board (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).

Mealey's IP/Tech - Constitutionality Of Inter Partes Review Procedure Debated By Supreme Court

WASHINGTON, D.C. - In a case that could upend the landscape for patent litigants globally, the U.S. Supreme Court heard oral arguments Nov. 27 in a dispute over the constitutionality of inter partes review (IPR) proceedings by the U.S. Patent and Trademark Office (PTO's) Patent Trial and Appeal Board (Oil States Energy Services LLC v. Greene's Energy Group LLC, No. 16-712, U.S. Sup.).

Mealey's Litigation Procedure - Companies: Fracking Plaintiffs 'Take Liberty With The Facts' In Disposal Lawsuit

LITTLE ROCK, Ark. - Hydraulic fracturing companies on Nov. 16 filed a brief in Arkansas federal court contending that residents who have sued them alleging property damage as a result of the companies' disposal of fracking waste "consistently take liberty with the facts to add more baseless sanctions noise to this case" (Bobbie Hill, et al. v. Southwestern Energy Co., No. 12-500, E.D. Ark.).

Mealey's Toxic Tort/Environmental - Judge Adopts Recommendation To Deny Dismissal Of Groups' Suit Over Discharges

MIAMI - A federal judge in Florida on Nov. 17 adopted a magistrate judge's recommendation to deny dismissal of a lawsuit brought by three environmental groups over discharges from a nuclear power plant's facility, holding that the groups have standing to bring their suit under the Clean Water Act (CWA) (Southern Alliance for Clean Energy, et al. v. Florida Power & Light Company, No. 16-23017-CIV-GAYLES/OTAZA-REYES, S.D. Fla., 2017 U.S. Dist. LEXIS 190504).

Mealey's Litigation Procedure - 4th Circuit Affirms Dismissal Of Securities Suit For Failure To Plead Scienter

RICHMOND, Va. - Shareholders in a securities class action lawsuit against an energy provider and its CEO have failed to show that the CEO acted with the requisite scienter in misrepresenting to investors that the company had secured a contract renewal with a large customer because they have not shown that he knew his statements were misleading at the time he made them, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 15 in affirming a federal judge's dismissal of the action (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir., 2017 U.S. App. LEXIS 22968).

Mealey's Litigation Procedure - Federal Judge Confirms $2.1M ICC Award For Bulgarian Machine Company

OAKLAND, Calif. - A California federal judge on Nov. 14 granted a Bulgarian machine-building company's petition to confirm a $2,119,167.79 international arbitral award issued against a California company, finding that enforcement of the award was not against public policy (TMCO Ltd. v. Green Light Energy Solutions R&D Corp., No. 4:17-cv-00997, N.D. Calif., 2017 U.S. Dist. LEXIS 188362).

Mealey's Securities/D&O Liability - 4th Circuit Affirms Dismissal Of Securities Suit For Failure To Plead Scienter

RICHMOND, Va. - Shareholders in a securities class action lawsuit against an energy provider and its CEO have failed to show that the CEO acted with the requisite scienter in misrepresenting to investors that the company had secured a contract renewal with a large customer because they have not shown that he knew his statements were misleading at the time he made them, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 15 in affirming a federal judge's dismissal of the action (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir., 2017 U.S. App. LEXIS 22968).

Mealey's Toxic Tort/Environmental - Magistrate Judge: Nonprofit Energy Companies Sufficiently Stated Claims Over Costs

BATON ROUGE, La. - A federal magistrate judge in Louisiana on Nov. 3 denied Louisiana Generating LLC's motion for a more definite statement, finding that two nonprofit energy cooperative corporations sufficiently stated claims that the defendant company may have violated power supply and service agreements by charging them for costs associated with the remediation of environmental conditions at the Big Cajun II generating plant (Washington-St. Tammany Electric Cooperative, Inc., et al. v. Louisiana Generating, LLC, No. 17-405-JJB-RLB, M.D. La., 2017 U.S. Dist. LEXIS 182387).

Mealey's Toxic Tort/Environmental - 9th Circuit: Group Can Pursue RCRA Claim Over Storm Water Discharges

SAN FRANCISCO - The Resource Conservation and Recovery Act's (RCRA) anti-duplication provision does not preclude the statute's application to discharges of storm water from an energy company that also allegedly violate the Clean Water Act (CWA), a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 2 (Ecological Rights Foundation v. Pacific Gas & Electric Company, No. 15-15424, 9th Cir., 2017 U.S. App. LEXIS 21597).

Mealey's Toxic Tort/Environmental - Power Company To Pay $22.2M To Reduce Volatile Organic Compound Emissions

DENVER - The U.S. Environmental Protection Agency on Oct. 31 announced that the federal government, state of Colorado and PDC Energy Inc. reached an agreement in Colorado federal court, wherein the company would spend $22.2 million to resolve allegations that its emissions contained excessive levels of volatile organic compounds (VOCs) that violated the Clean Air Act (United States of America, et al. v. PDC Energy, Inc., No. 17-1552, D. Colo.).

Mealey's Toxic Tort/Environmental - North Dakota: EPA Documents Call For Change In Cases Pertaining To Waste Disposal

WASHINGTON, D.C. - The state of North Dakota on Oct. 26 filed a notice of supplemental authority in District of Columbia federal court contending that Environmental Protection Agency Administrator Scott Pruitt has issued documents that "represent a significant change" regarding litigation pertaining to the nondiscretionary duty under the Resource Conservation and Recovery Act (RCRA) to review and, if necessary, revise regulations for wastes associated with the exploration, development or production of crude oil, natural gas or geothermal energy (Environmental Integrity Project, et al. v. Scott Pruitt, No. 17-5010, D.C. Cir.).