LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - International Arbitration Centers Will Open In New York, Los Angeles, JAMS Says

NEW YORK - A mediation and arbitration services provider on July 11 announced that it will soon open international arbitration centers in New York and Los Angeles.

Mealey's Litigation Procedure - ICC Appoints 2 Dechert Attorneys To International Arbitration Court

PHILADELPHIA - Dechert on July 10 announced that two of its lawyers have been appointed to the International Chamber of Commerce's (ICC) International Court of Arbitration.

Mealey's Antitrust/Unfair Competition - Intravenous Saline Solution Antitrust Suit Dismissed As Implausible By Judge

CHICAGO - An Illinois federal judge on July 5 dismissed without prejudice an antitrust lawsuit alleging that Baxter International Inc. and Hospira Inc. conspired to create a shortage of saline intravenous (IV) solution to drive up prices and get long-term supply contracts (Washington County Health Care Authority, Inc., et al. v. Baxter International Inc., et al., No. 16-10324, N.D. Ill., Eastern Div., 2018 U.S. Dist. LEXIS 112064).

Mealey's PI/Product Liability - Intravenous Saline Solution Antitrust Suit Dismissed As Implausible By Judge

CHICAGO - An Illinois federal judge on July 5 dismissed without prejudice an antitrust lawsuit alleging that Baxter International Inc. and Hospira Inc. conspired to create a shortage of saline intravenous (IV) solution to drive up prices and get long-term supply contracts (Washington County Health Care Authority, Inc., et al. v. Baxter International Inc., et al., No. 16-10324, N.D. Ill., Eastern Div., 2018 U.S. Dist. LEXIS 112064).

Mealey's Insurance - Judge Allows Experts In Insurers' Battle Over Construction Suit Coverage

CAMDEN, N.J. - A New Jersey federal judge on June 29 allowed four experts to testify in a dispute between insurers over payment for defense and settlement costs for an underlying suit over an arson fire at a casino construction site, but said their opinions "must be solely limited to the custom and practices" in the insurance industry (Liberty International Underwriters Canada v. Scottsdale Insurance Company, et al., No. 12-4934, D. N.J., 2018 U.S. Dist. LEXIS 109699).

Mealey's Litigation Procedure - Texas Drilling Entity Says It Was Awarded $622M In Arbitration With Petrobras

HOUSTON - An international drilling company on July 2 said a tribunal has awarded it $622.02 million in damages for wrongful termination of a drilling contract.

Mealey's Litigation Procedure - Judge Allows Experts In Insurers' Battle Over Construction Suit Coverage

CAMDEN, N.J. - A New Jersey federal judge on June 29 allowed four experts to testify in a dispute between insurers over payment for defense and settlement costs for an underlying suit over an arson fire at a casino construction site, but said their opinions "must be solely limited to the custom and practices" in the insurance industry (Liberty International Underwriters Canada v. Scottsdale Insurance Company, et al., No. 12-4934, D. N.J., 2018 U.S. Dist. LEXIS 109699).

Mealey's Labor & Employment - Federal Judge Denies Request For $964,212 Expert Witness Fees In ERISA Lawsuit

LOS ANGELES - A California federal judge on June 25 denied class counsel's request for reimbursement of $964,212 expert witness fees in the long-running Tibble v. Edison International case, but granted the plaintiffs' request for $25,000 incentive awards for each of the class representatives (Glenn Tibble, et al. v. Edison International, et al., No. 07-5359, C.D. Calif.).

Mealey's Litigation Procedure - Investors Ask D.C. Federal Judge To Enter Judgment Against Romania For $321M

WASHINGTON, D.C. - A group of investors on June 28 moved a District of Columbia federal court to confirm an arbitration award issued in their favor by the International Centre for Settlement of Investment Disputes (ICSID) and to enter judgment against the government of Romania in the amount of $321,299,343 (Ioan Micula, et al. v. Government of Romania, No. 17-cv-02332, D. D.C.).

Mealey's Litigation Procedure - Oil And Gas Entity Files ICSID Arbitration Against Senegal Over Petroleum Contracts

LONDON - An independent oil and gas exploration company on June 26 said its subsidiary has filed a request for international arbitration against Senegal over disputes related to petroleum sharing contracts.

Mealey's IP/Tech - Patent Board Affirmed By Federal Circuit In Win For Samsung

WASHINGTON, D.C. - Five claims of a patent directed to data transfer would have been obvious to a person of skill in the art, the Federal Circuit U.S. Court of Appeals ruled June 27 (Elbrus International Limited v. Samsung Electronics Co. Ltd., No. 17-1855, Fed. Cir.).

Mealey's Insurance - N.J. High Court Majority Affirms Allocation Ruling In Asbestos Coverage Dispute

TRENTON, N.J. - A majority of the New Jersey Supreme Court on June 27 upheld an appellate court's rulings that New Jersey law applies to insurance allocation determinations in an asbestos coverage dispute and that an insured is not required to assume any responsibility in the coverage allocations because excess coverage for the asbestos bodily injury claims was no longer available to the insured within the marketplace (Continental Insurance Co., et al. v. Honeywell International Inc., et al., No. A-21-16, N.J. Sup., 2018 N.J. LEXIS 832).

Mealey's Litigation Procedure - Haynes & Boone Hires International Arbitration, Litigation Attorneys

LONDON - Haynes and Boone on June 26 announced that it has expanded its international arbitration and litigation team with the hiring of four new attorneys in its London office.

Mealey's Litigation Procedure - Sultanate Of Oman Seeks Confirmation Of $5.6M ICSID Award

BOSTON - The Sultanate of Oman on June 20 filed a petition in a Massachusetts federal court to confirm an international tribunal's award of $5,677,410 in costs that was awarded after the tribunal found that it lacked jurisdiction to hear claims asserted by a U.S. resident related to the operation of a limestone quarry in Oman (The Sultanate of Oman v. Al Tamimi, No. 1:18cv11291, D. Mass.).

Mealey's Securities/D&O Liability - U.S. Supreme Court Declines Review Of Mortgage-Backed Securities Rulings

WASHINGTON, D.C. - The U.S. Supreme Court on June 25 declined to hear appeals in a pair of related securities fraud lawsuits, originally brought by the Federal Housing Finance Agency (FHFA) and stemming from the sale of residential mortgage-backed securities to government-sponsored agencies (GSEs) Federal Home Loan Mortgage Corp. (Freddie Mac) and Federal National Mortgage Association (Fannie Mae) (David Findlay, et al. v. Federal Housing Finance Agency, No. 17-1300, and Nomura Securities International Inc. v. Federal Housing Finance Agency, No. 17-1302).

Mealey's Litigation Procedure - Judge Confirms $22M Award Issued In Dispute Over Panama Canal Lock Construction

MIAMI - A Florida federal judge on June 18 refused to vacate an award issued pursuant to the International Chamber of Commerce's (ICC) rules in a dispute over the construction of locks for the Panama Canal and granted a petition to confirm the $22 million award issued for a Panamanian entity that was created to operate the canal (Grupo Unidos Por El Canal, S.A., et al. v. Autoridad del Canal de Panama, No. 17-23996, S.D. Fla., 2018 U.S. Dist. LEXIS 102695).

Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Petition To Confirm $48M ICC Award

NEW YORK - A New York federal judge on June 15 refused to grant a motion filed by a group of mining entities to dismiss a petition to confirm a $48,053,462 arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies, holding that the companies sufficiently alleged that the entities were attempting to avoid their obligations under contract for the sale of pig iron by making sure a related entity was judgment proof (CBF Industria De Gusa S/A, et al. v. Amci Holdings Inc., et al., No. 13 Civ. 2581, S.D. N.Y., 2018 U.S. Dist. LEXIS 100781).

Mealey's Insurance - Tax Judge: Company Did Not Issue Insurance, Reinsurance Contracts

WASHINGTON, D.C. - Because a company did not issue insurance or reinsurance contracts during the tax years at issue, a U.S. tax judge ruled June 18 that it did not receive more than 50 percent of its gross receipts from insurance premiums (Reserve Mechanical Corp. v. Commissioner of Internal Revenue, No. 14545-16, U.S. Tax).

Mealey's Toxic Tort/Environmental - Man: Asbestos Packaging Evidence Required Sending Failure-To-Warn Claim To Jury

WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell International Inc., No. 4D17-1533, Fla. App., 4th Dist.).

Mealey's Securities/D&O Liability - Biosciences Company Hit With Stock-Drop Suit Over Internal Controls Reporting

NEWARK, N.J. - An investor sued a biosciences company and certain of its senior officers and directors in New Jersey federal court on June 13, alleging that the defendants concealed certain weaknesses in the company's internal controls, allowing it to improperly recognize revenue in violation of federal securities laws (Tim Faulkner v. Akers Biosciences Inc., et al., No. 18-10521, D. N.J.).

Mealey's Litigation Procedure - Justice: Auto Makers Must Answer Asbestos Plaintiff's Jurisdictional Discovery

NEW YORK - Two automakers did not file timely objections to an order requiring them to respond to jurisdictional discovery requests, but regardless, the motions are at least likely to produce admissible evidence, a New York justice held in an opinion posted June 12 and affirming a special master's ruling (In re: NYCAL, Yang-Ning Pi Chen, et al. v. Aerco International Inc., et al., No. 190133/2017, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 2200).

Mealey's IP/Tech - Extension Of Time To Oppose Report Sought In Copyright, Trademark Case

NEW YORK - In a June 13 letter motion, plaintiffs' attorneys requested a two-week extension to file objections to a June 8 New York federal magistrate judge's recommendation that they be awarded a default judgment on just three of seven counts of copyright infringement (Conan Properties International LLC, et al., v. Ricardo Jove Sanchez, No. 17-162, E.D. N.Y., 2018 U.S. Dist. LEXIS 98631).

Mealey's Toxic Tort/Environmental - Printing Press Company Can't Escape Man's Asbestos Suit

NEW YORK - An affidavit largely details the period after a man's alleged asbestos exposure and cannot free a printing press company from the lawsuit, a New York justice held in an opinion posted June 12 (Christine Capilets, et al. v. Aerco International, et al., No. 190060/2016, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 2207).

Mealey's Litigation Procedure - Majority: CBAs Unambiguously Do Not Provide For Lifetime Retiree Health Care Benefits

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on June 8 reversed a lower court's finding that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant, concluding that a series of collective bargaining agreements (CBAs) unambiguously do not provide for lifetime retiree health care benefits and the lower court erred in permanently enjoining the company from dropping the benefits for those who retired from the plant before June 1, 2012, and their eligible spouses and dependents (Barbara Fletcher, et al. v. Honeywell International, Inc., No. 17-3277, 6th Cir., 2018 U.S. App. LEXIS 15469).

Mealey's Litigation Procedure - Investors Ask D.C. Federal Court To Enforce $233M Award Issued Against Venezuela

WASHINGTON, D.C. - Two companies from Portugal and Luxembourg on June 8 filed a petition in a District of Columbia federal court to confirm a $233,975,416 arbitral award issued in their favor and against the Bolivarian Republic of Venezuela by the International Centre for Settlement of Investment Disputes (ICSID) (Tenaris S.A, et al. v. Bolivarian Republic of Venezuela, No. 1:18-cv-01373, D. D.C.).