LexisNexis® Legal Newsroom
Mealey's Bankruptcy - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - 2nd Circuit Grants Petition For Rehearing In Enforcement Case

NEW YORK - The Second Circuit U.S. Court of Appeals on March 2 granted a petition for rehearing filed by defendants in an action to confirm a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration for the purpose of correcting its previous instructions to the district court with instructions that the district court apply New York law to the remaining issues of the case (CBF Industria de Gusa S/A, et al. v. Amci Holdings Inc., No. 15-1133, 15-1146, 2nd Cir., 2017 U.S. App. LEXIS 3815).

Mealey's Litigation Procedure - Ontario Court Enforces $22M Award Against Republic Of Kyrgyzstan

TORONTO - An energy firm on Feb. 28 announced that a Canadian court has recognized and enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan.

Mealey's Toxic Tort/Environmental - Judge Finds Property Owner Can Pursue Cost-Recovery Claims, But Not Nuisance

DAYTON, Ohio - A federal judge in Ohio on Feb. 15 ruled that Garrett Day LLC and the Ohio Development Services Agency (DSA) can pursue claims for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Ohio Volunteer Action Program (VAP) but that they could not pursue a claim for common-law nuisance because they do not own land adjacent to the contamination (Garrett Day, LLC, et al. v. International Paper, Inc., et al., No. 15-cv-36, S.D. Ohio, 2017 U.S. Dist. LEXIS 21643).

Mealey's Litigation Procedure - Merits Hearing Set In Boundary Dispute Between Ghana And Cote D'Ivoire

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Jan. 16 announced that it will hold a hearing on the merits in a dispute over the maritime boundary between Ghana and Cote d'Ivoire next month (Ghana v. Cote d'Ivoire, No. 23, ITLOS).

Mealey's Litigation Procedure - Judge: Investors Failed To Plead Facts Supporting Misrepresentation Claims

NEW YORK - Lead plaintiffs in a securities class action lawsuit against a Chinese online retailer and others have failed to plead any actionable misrepresentations or omissions in support of their claim that the defendants concealed their intention to shut down the company's beauty supply marketplace in violation of federal securities laws, a federal judge in New York ruled Jan. 10 in granting the defendants' motion to dismiss certain claims (In re Jumei International Holding Limited Securities Litigation, No. 14-9826, S.D. N.Y.; 2017 U.S. Dist. LEXIS 3206).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Plead Facts Supporting Misrepresentation Claims

NEW YORK - Lead plaintiffs in a securities class action lawsuit against a Chinese online retailer and others have failed to plead any actionable misrepresentations or omissions in support of their claim that the defendants concealed their intention to shut down the company's beauty supply marketplace in violation of federal securities laws, a federal judge in New York ruled Jan. 10 in granting the defendants' motion to dismiss certain claims (In re Jumei International Holding Limited Securities Litigation, No. 14-9826, S.D. N.Y.; 2017 U.S. Dist. LEXIS 3206).

Mealey's Insurance - New Jersey High Court Agrees To Review Allocation Ruling In Asbestos Coverage Dispute

TRENTON, N.J. - The New Jersey Supreme Court on Dec. 12 agreed to hear an appeal concerning whether New Jersey law applies to insurance allocation determinations in an asbestos coverage dispute and whether the insured has to share in those coverage allocations after excess coverage for the asbestos bodily injury claims was no longer available (Continental Insurance Co., et al. v. Honeywell International Inc., et al., No. A-21-16, N.J. Sup.).

Mealey's IP/Tech - Federal Circuit Partly Affirms, Vacates In Dispute Over Patented Power Chips

WASHINGTON, D.C. - Citing a Delaware federal judge's incorrect instruction to jurors regarding the law on inducement, the Federal Circuit U.S. Court of Appeals on Dec. 12 vacated a verdict of infringement of two patents (Power Integrations Inc. v. Fairchild Semiconductor International Inc., et al., Nos. 15-1329, -1388, Fed. Cir.; 2016 U.S. App. LEXIS 21975).

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).