LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics

ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.

Mealey's Insurance - Appeals Panel Addresses Defamation Claims Against Former N.Y. Attorney General

NEW YORK - American International Group Inc.'s (AIG) former chief executive officer sufficiently alleged a defamation claim based on several public statements made by New York's former attorney general, a New York appeals panel affirmed Sept. 13 (Maurice R. Greenberg v. Eliot L. Spitzer, No. 1436/13, N.Y. App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 6422).

Mealey's Litigation Procedure - Tribunal Formed To Hear Claims Over Mining Rights Asserted Against Colombia

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) was constituted Sept. 11 in an arbitration commenced by a precious metals exploration and development company against the Republic of Colombia (Eco Oro Minerals Corp. v. Republic of Colombia, No. ARB/16/41, ICSID).

Mealey's Litigation Procedure - Investor Failed To Show That Bank's Internal Controls Were Flawed, Judge Rules

NEW YORK - An investor has failed to show that an investment bank and two of its senior executives violated provisions of federal securities law by failing to adequately monitor the bank's internal controls in the wake of a former employees' massive securities fraud scheme, a federal judge in New York ruled on Sept. 8 in granting the defendants' motion to dismiss without prejudice (Gregory G. Barrett v. PJT Partners Inc., et al., No. 16-2841, S.D. N.Y., 2017 U.S. Dist. LEXIS 145781).

Mealey's Securities/D&O Liability - Investor Failed To Show That Bank's Internal Controls Were Flawed, Judge Rules

NEW YORK - An investor has failed to show that an investment bank and two of its senior executives violated provisions of federal securities law by failing to adequately monitor the bank's internal controls in the wake of a former employees' massive securities fraud scheme, a federal judge in New York ruled on Sept. 8 in granting the defendants' motion to dismiss without prejudice (Gregory G. Barrett v. PJT Partners Inc., et al., No. 16-2841, S.D. N.Y., 2017 U.S. Dist. LEXIS 145781).

Mealey's Labor & Employment - Disability Plan Failed To Consider Reliable Evidence, 9th Circuit Panel Says

SAN FRANCISCO - A district court erred in finding that a disability plan administrator did not abuse its discretion in terminating a claimant's benefits because the plan failed to consider reliable evidence in support of the plan participant's claim, the Ninth Circuit U.S. Court of Appeals said Sept. 6 in reversing and remanding the lower court's ruling in favor of the plan (Sonia Cruz-Baca v. Edison International Long Term Disability Plan, No. 15-56921, 9th Cir., 2017 U.S. App. LEXIS 17214).

Mealey's Litigation Procedure - ICC Says 1st Tribunals Have Been Constituted Under New Procedures

PARIS - The International Chamber of Commerce (ICC) on Sept. 6 announced that the first arbitral tribunals have been constituted as part of an expedited procedures provision of recently passed arbitration rules.

Mealey's Insurance - Disability Plan Failed To Consider Reliable Evidence, 9th Circuit Panel Says

SAN FRANCISCO - A district court erred in finding that a disability plan administrator did not abuse its discretion in terminating a claimant's benefits because the plan failed to consider reliable evidence in support of the plan participant's claim, the Ninth Circuit U.S. Court of Appeals said Sept. 6 in reversing and remanding the lower court's ruling in favor of the plan (Sonia Cruz-Baca v. Edison International Long Term Disability Plan, No. 15-56921, 9th Cir., 2017 U.S. App. LEXIS 17214).

Mealey's Litigation Procedure - On Remand, Wikimedia Seeks Discovery In Suit Over NSA Upstream Surveillance

BALTIMORE - In the wake of a Fourth Circuit U.S. Court of Appeals ruling reinstating its constitutional challenge to the National Security Agency's (NSA's) upstream surveillance of international communications, Wikimedia Foundation in a Sept. 1 reply brief tells a Maryland federal court that discovery on the merits of its claims should be the next step in the remanded litigation (Wikimedia Foundation v. National Security Agency, et al., No. 1:15-cv-00662, D. Md.).

Mealey's Litigation Procedure - ICSID Grants Investors' Request To Lift Stay Of $379M Award

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 31 lifted a provisional stay of a $379,802,267 award issued in favor of a group of resource companies, rejecting a request by the Republic of Ecuador to continue the stay pending the outcome of annulment proceedings (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).

Mealey's Litigation Procedure - 5th Circuit Finds Korean Entity Could Attach Assets In Suit To Compel

NEW ORLEANS - After finding that a Korean company's attachment of pig iron was valid under Louisiana law, the Fifth Circuit U.S. Court of Appeals on Sept. 1 vacated a district court's decision dissolving the attachment in favor of a German company that had already attached the same assets in a Louisiana state court (Daewoo International Corp. v. Thyssenkrupp Mannex GmBH, intervenor, No. 16-30984, 5th Cir., 2017 U.S. App. LEXIS 16916).

Mealey's Litigation Procedure - Class Certification Denied In Bumbo Seat Fraud, Unjust Enrichment Suit

CHICAGO - An Illinois federal judge on Aug. 28 denied a motion for class certification filed in an Illinois woman's lawsuit accusing the maker of a baby seat of making deceptive claims about its product, finding the class to be overbroad and inappropriate for class certification under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3) (Elizabeth Clark, et al. v. Bumbo International Trust, No. 15-2725, N.D. Ill., 2017 U.S. Dist. LEXIS 137607).

Mealey's Litigation Procedure - ICSID Rejects Zimbabwe's Applications, Orders Parties To Set Up Escrow Accounts

WASHINGTON, D.C. - A law firm representing the owners of farms that were expropriated by the Republic of Zimbabwe on Aug. 29 announced that committees for the International Centre for Settlement of Investment Disputes (ICSID) recently issued a decision denying a request made by Zimbabwe for provisional measures and for a temporary stay of the award (Bernard Von Pezold and others v. Republic of Zimbabwe, No. ARB/10/15, Border Timbers Limited, et al. v. Republic of Zimbabwe, No. ARB/10/15).

Mealey's Labor & Employment - Merged Funeral Homes Found To Be Single Employer, Ordered To Arbitrate

CHICAGO - Two funeral home companies that were owned by the same parties, merged and then ceased operations were a single employer and failed to show that the combined employees amounted to one individual, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 28, rejecting the employer's attempt to claim that it properly repudiated the collective bargaining agreement (CBA) under the National Labor Relation Board's "one-man unit rule" (Cremation Society of Illinois, Inc. v. International Brotherhood of Teamsters Local 727, No. 16-2322, 7th Cir., 2017 U.S. App. LEXIS 16449).

Mealey's Litigation Procedure - ICSID Refuses To Dismiss Ecuador's Claims On Environmental Damage

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 24 issued its decision rejecting an application filed by a company that was previously found liable for causing environmental damage in the Republic of Ecuador when it conducted work in two Amazon regions, finding that it had already resolved the disputes regarding Ecuador's environmental counterclaims in another order (Perenco Ecuador Limited v. The Republic of Ecuador, No. ARB/08/6, ICSID).

Mealey's Litigation Procedure - Jurisdictional Discovery Proper In Trade Secrets Suit, Federal Judge Rules

SHERMAN, Texas - Expedited jurisdictional discovery is warranted in a misappropriation of trade secrets lawsuit filed by a health and wellness direct sales company against its competitor and certain of its employees because the individual defendants are alleged to have had contacts with the state of Texas, a federal judge in Texas ruled Aug. 22 in granting the company's motion (AdvoCare International LP v. Modere Inc., et al., No. 17-0194, E.D. Texas, 2017 U.S. Dist. LEXIS 133613).

Mealey's PI/Product Liability - Jury Awards $148 Million To Woman Partially Paralyzed From Bus Shelter Collapse

CHICAGO - An Illinois state court jury on Aug. 24 awarded $148 million to a woman who was partially paralyzed after a bus shelter at O'Hare International Airport in Chicago collapsed on her because of the city's failure to maintain and repair the shelter (Tierney Darden v. Chicago, No. 2015 L 008311, Ill. Cir., Cook Co.).

Mealey's Litigation Procedure - Spain And Investors Submit Arguments Over Ex Parte Confirmation

NEW YORK - The Kingdom of Spain on Aug. 18 filed its reply in the U.S. District Court for the Southern District of New York to two investors' arguments challenging its motion to vacate a petition to confirm a $146,079,996 international arbitration award issued in relation to investments in solar power projects, arguing that the court has jurisdiction only under the Foreign Sovereign Immunities Act of 1976 (FSIA) (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).

Mealey's Litigation Procedure - Singapore International Arbitration Centre Opens New Office In India

SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Aug. 10 announced that it has opened a new office in India.

Mealey's PI/Product Liability - Endo Takes $775M To Settle 22,000 Pelvic Mesh Cases, 'Virtually All Known' Claims

DUBLIN, Ireland - Endo International plc on Aug. 7 announced that it has reached agreements to resolve "virtually all known" pelvic mesh product liability claims in the United States and intends to increase its second quarter product liability accrual by $775 million to cover the settlements.

Mealey's Litigation Procedure - ICSID To Continue Stay Of Enforcement Of Award For Indonesia

WASHINGTON, D.C. - An English mining company on Aug. 3 released an update on annulment proceedings filed by it currently pending before the International Centre for Settlement of Investment disputes (ICSID), noting that it has passed a resolution to give effect to a required security pledge and that the stay of the award will remain in place (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

Mealey's PI/Product Liability - Stock Drop Claims Survive Dismissal Motion In Securities Class Action

NEW YORK - A federal judge in New York on July 28 substantially denied dismissal of claims in a securities class action lawsuit against a specialty pharmaceutical company and certain of its current and former executive officers and directors, ruling that a shareholder has shown that the defendants violated federal securities laws by concealing a significant downsizing of its salesforce for one of its drugs, as well as the exclusion of the drug from the formularies of several of the nation's largest health insurers (Andrew Meyer v. Concordia International Corp., et al., No. 16-6467, S.D. N.Y., 2017 U.S. Dist. LEXIS 119436).

Mealey's Litigation Procedure - Stock Drop Claims Survive Dismissal Motion In Securities Class Action

NEW YORK - A federal judge in New York on July 28 substantially denied dismissal of claims in a securities class action lawsuit against a specialty pharmaceutical company and certain of its current and former executive officers and directors, ruling that a shareholder has shown that the defendants violated federal securities laws by concealing a significant downsizing of its salesforce for one of its drugs, as well as the exclusion of the drug from the formularies of several of the nation's largest health insurers (Andrew Meyer v. Concordia International Corp., et al., No. 16-6467, S.D. N.Y., 2017 U.S. Dist. LEXIS 119436).

Mealey's Securities/D&O Liability - Stock Drop Claims Survive Dismissal Motion In Securities Class Action

NEW YORK - A federal judge in New York on July 28 substantially denied dismissal of claims in a securities class action lawsuit against a specialty pharmaceutical company and certain of its current and former executive officers and directors, ruling that a shareholder has shown that the defendants violated federal securities laws by concealing a significant downsizing of its salesforce for one of its drugs, as well as the exclusion of the drug from the formularies of several of the nation's largest health insurers (Andrew Meyer v. Concordia International Corp., et al., No. 16-6467, S.D. N.Y., 2017 U.S. Dist. LEXIS 119436).

Mealey's Litigation Procedure - Russian Entity Seeks Confirmation Of $280,493 ICC Award In Federal Court

BOSTON - A Russian company on July 26 filed a petition to confirm an international arbitral award issued in its favor and against a Massachusetts company, seeking enforcement of the $280,493 award of damages in its favor (Nanoelectro Research and Production Co. v. Alphysica Inc., No. 1:17-cv-11378, D. Mass.).