LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Justice Enforces $74M Award Issued In Pipeline Dispute For ConocoPhillips

LONDON - An England and Wales justice on Nov. 10 granted an application filed by two gas companies to enforce a $74 million arbitration award that was issued in their favor by a tribunal in Singapore, rejecting an Indonesian entity's application to set aside the award under English arbitration law (PT Transportasi Gas Indonesia V. ConocoPhillips [Grissik] Ltd PetroChina International Jabung Ltd., No. [2016] EWHC 2834 [Comm], England and Wales High, Comm.).

Mealey's Litigation Procedure - ITLOS Will Hear Panama's Case Against Italy For Vessel Seizure

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Nov. 4 found that it has jurisdiction over a case commenced by Panama against Italy in relation to the alleged unlawful detention of a vessel, finding that all of Panama's claims are admissible (The MV "Norstar" Case [Panama v. Italy], No. 25, ITLOS).

Mealey's Health Law - 7th Circuit Panel Finds Suit Against Insurers Not Allowed By Section 502(a)(3)

CHICAGO - Joining its sister circuits, a Seventh Circuit U.S. Court of Appeals panel on Oct. 24 held that a health plan trustee's suit against insurers to recoup amounts it paid for the beneficiaries' medical care seeks legal relief, not equitable relief, and as such is not authorized by Employee Retirement Income Security Act Section 502(a)(3) (Central States, Southeast and Southwest Areas Health and Welfare Fund, et al. v. American International Group Inc., et al., No. 15-2237, 7th Cir.; 2016 U.S. App. LEXIS 19165).

Mealey's IP/Tech - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).

Mealey's Litigation Procedure - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).

Mealey's Litigation Procedure - International Tribunal For The Law Of The Sea Celebrates 20 Years

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 27 announced that it will host two events in celebration of its celebrate its 20th anniversary.

Mealey's PI/Product Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Litigation Procedure - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Securities/D&O Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Stay UCL And Labor Claims Pending Outcome Of New York Action

SACRAMENTO, Calif. - After finding that no exceptional circumstances existed in an action in which a former franchisee asserts claims for violation of California's unfair competition law (UCL) and other causes of action, a California federal judge on Aug. 30 refused to stay the case pending the outcome of another related action pending in New York (James S. Martin v. Minuteman Press International Inc., et al., No. 2:16-cv-00833, E.D. Calif.; 2016 U.S. Dist. LEXIS 116733).

Mealey's Litigation Procedure - PCA Holds Hearing On Jurisdiction In UNCITRAL Case Filed Against Russia

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Aug. 15 provided an update in an arbitration commenced by a bank and finance company pursuant to the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules against the Russian Federation (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

Mealey's Banking & Finance - HSBC To Pay Record $1.5B Settlement To End Securities Class Action

SAN DIEGO - In what is being called a record recovery for shareholders, HSBC Finance Corp. has agreed to pay more than $1.5 billion to settle claims that its predecessor-in-interest, Household International Inc., and certain of its executive officers and directors issued a series of misrepresentations concealing Household's involvement in a predatory lending scheme in violation of federal securities laws, according to a press release issued by shareholder counsel June 16 (Lawrence E. Jaffe Pension Plan v. Household International, Inc., et al., No. 02-5893, N.D. Ill.).

Mealey's Securities/D&O Liability - HSBC To Pay Record $1.5B Settlement To End Securities Class Action

SAN DIEGO - In what is being called a record recovery for shareholders, HSBC Finance Corp. has agreed to pay more than $1.5 billion to settle claims that its predecessor-in-interest, Household International Inc., and certain of its executive officers and directors issued a series of misrepresentations concealing Household's involvement in a predatory lending scheme in violation of federal securities laws, according to a press release issued by shareholder counsel June 16 (Lawrence E. Jaffe Pension Plan v. Household International, Inc., et al., No. 02-5893, N.D. Ill.).

Mealey's Litigation Procedure - Shareholders Failed To State A Claim For Relief In Securities Suit, Judge Rules

NEW YORK - Dismissal of claims in a securities class action lawsuit against Weight Watchers International Inc., certain of its former executive officers and others is proper because lead plaintiffs in the action failed to properly state a claim for relief in making their federal securities law claims, a federal judge in New York ruled May 11 (In re Weight Watchers International Inc. Securities Litigation, No. 14-1997, S.D. N.Y.; 2016 U.S. Dist. LEXIS 62456).

Mealey's Securities/D&O Liability - Shareholders Failed To State A Claim For Relief In Securities Suit, Judge Rules

NEW YORK - Dismissal of claims in a securities class action lawsuit against Weight Watchers International Inc., certain of its former executive officers and others is proper because lead plaintiffs in the action failed to properly state a claim for relief in making their federal securities law claims, a federal judge in New York ruled May 11 (In re Weight Watchers International Inc. Securities Litigation, No. 14-1997, S.D. N.Y.; 2016 U.S. Dist. LEXIS 62456).

Mealey's Antitrust/Unfair Competition - Court Affirms Order Lifting Stay Of Employee's Claims Against Remax

LOS ANGELES - After finding that an order lifting a stay of a case in which a former employee of a real estate company asserted claims for harassment and violation of California's unfair competition law (UCL) was not an appealable order, a California appellate court on Feb. 11 affirmed the decision (Amparo Gastelum v. Remax International, Inc., et al., No. B263213, Calif. App., 2nd Dist., Div. 5; 2016 Cal. App. LEXIS 101).

Mealey's Litigation Procedure - Volkswagen, Honeywell Denied JMOL, New Trial In $4.8M Design Defect Judgment

COLUMBUS, Ga. - A federal judge in Georgia on Feb. 2 denied motions by Volkswagen Group of America Inc. and Honeywell International for judgment as a matter of law (JMOL) or a new trial in a case in which a couple was awarded $4.8 million for injuries the woman sustained when her Volkswagen Passat crashed and turned over after suddenly accelerating (Cheryl Bullock and Kevin Bullock v. Volkswagen Group of America, Inc., et al., No 4:13-CV-37 [CDL], M.D. Ga., Columbus Div.).

Mealey's PI/Product Liability - Volkswagen, Honeywell Denied JMOL, New Trial In $4.8M Design Defect Judgment

COLUMBUS, Ga. - A federal judge in Georgia on Feb. 2 denied motions by Volkswagen Group of America Inc. and Honeywell International for judgment as a matter of law (JMOL) or a new trial in a case in which a couple was awarded $4.8 million for injuries the woman sustained when her Volkswagen Passat crashed and turned over after suddenly accelerating (Cheryl Bullock and Kevin Bullock v. Volkswagen Group of America, Inc., et al., No 4:13-CV-37 [CDL], M.D. Ga., Columbus Div.).

Mealey's PI/Product Liability - Judge Grants Final Approval Of $42.5M Securities Class Action Settlement

CHICAGO - A federal judge in Illinois on Jan. 22 granted final approval of a $42.5 million settlement in a securities class action lawsuit regarding certain false and misleading statements made by a medical device maker and certain of its executive officers and directors regarding the demand of certain of its products in violation of federal securities laws (City of Lakeland Employees' Pension Plan v. Baxter International Inc., No. 10-6016, N.D. Ill.)

Mealey's Litigation Procedure - Judge Grants Final Approval Of $42.5M Securities Class Action Settlement

CHICAGO - A federal judge in Illinois on Jan. 22 granted final approval of a $42.5 million settlement in a securities class action lawsuit regarding certain false and misleading statements made by a medical device maker and certain of its executive officers and directors regarding the demand of certain of its products in violation of federal securities laws (City of Lakeland Employees' Pension Plan v. Baxter International Inc., No. 10-6016, N.D. Ill.)

Mealey's Securities/D&O Liability - Judge Grants Final Approval Of $42.5M Securities Class Action Settlement

CHICAGO - A federal judge in Illinois on Jan. 22 granted final approval of a $42.5 million settlement in a securities class action lawsuit regarding certain false and misleading statements made by a medical device maker and certain of its executive officers and directors regarding the demand of certain of its products in violation of federal securities laws (City of Lakeland Employees' Pension Plan v. Baxter International Inc., No. 10-6016, N.D. Ill.).

Mealey's IP/Tech - 2nd Circuit Vacates, Remands Standing Holding In Lanham Act Dispute

NEW YORK - A U.S. court cannot invalidate an action of a foreign sovereign with regard to a transfer of rights on grounds that the transfer would be invalid under the law of the foreign sovereign, the Second Circuit U.S. Court of Appeals ruled Jan. 5, vacating a New York federal judge's dismissal of Lanham Act claims for lack of standing (Fed. Treasury Enterprise Sojuzplodoimport v. Spirits International B.V. f/k/a Spirits International N.V., et al., Nos. 14-4721, 15-152, 2nd Cir.; 2016 U.S. App. LEXIS 40).

Mealey's Litigation Procedure - International Tribunal Awards Eastern Mediterranean Gas Co. $324 Million

GENEVA - A law firm on Dec. 8 announced that a tribunal for the International Chamber of Commerce (ICC), International Court of Arbitration has issued a decision in arbitration between a Mediterranean gas company and two Egyptian entities, awarding the company $324 million.

Mealey's IP/Tech - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).

Mealey's Insurance - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).