MIAMI - A lawyer's expertise in insurance law does not match the type of expertise needed to render an expert opinion on the internal standards for handling an insurance claim, a Florida federal judge ruled Sept. 23, excluding the lawyer's testimony in an insurance bad faith lawsuit (Frank Lopez, as personal representative of the Estate of Giraldo Lopez, and Magaly Nunez Delgado, individually and as assignee of Michelle Soto v. Allstate Fire and Casualty Insurance Co., No. 14-20654, S.D. Fla.; 2015 U.S. Dist. LEXIS 127495).
WILMINGTON, Del. - Because Pennsylvania does not recognize a subcontractor's claims for insurance bad faith, dismissal of its claims against an insurer are proper, a federal judge in Delaware ruled Sept. 22 (VSI Sales LLC v. International Fidelity Insurance Co., No. 15-507, D. Del.; 2015 U.S. Dist. LEXIS 126392).
THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration (PCA) on Aug. 24 announced that it has issued an award, finding that Russia violated the United Nations Convention on the Law of the Sea (UNCLOS) when it unlawfully seized a vessel operated by Greenpeace International and that the Netherlands is entitled to damages (The Netherlands v. Russia, No. 2014-02, PCA).
HARRISBURG, Pa. - Because the Commonwealth of Pennsylvania has a more significant relationship than the State of New York with the parties involved in an asbestos coverage dispute, Pennsylvania law must be applied when determining whether a duty to indemnify exists, a Pennsylvania federal judge said July 9 (York International Corp. v. Liberty Mutual Insurance Co., No. 1:10-CV-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 88847).
SAN JOSE, Costa Rica - The Permanent Court of Arbitration (PCA) on July 9 announced that it held a hearing in Costa Rica in an arbitration filed under the United Nations Commission on International Trade Law (UNCITRAL) rules (Consorcio John W. McDougall Company Inc. y Dredge & Marine Corporation [U.S.A.] and El Instituto Costarricense de Electricidad - ICE [Costa Rica], PCA).
NEW YORK - An oil and gas industry products provider has agreed to a $120 million settlement of claims with investors that it violated provisions of federal securities laws by misrepresenting the company's business and financial condition, according to a press release issued July 1 (Glenn Freedman v. Weatherford International Ltd., et al., No. 12-2121, S.D. N.Y.).
WASHINGTON, D.C. - The U.S. Supreme Court ruled in a unanimous opinion on May 18 that the Ninth Circuit U.S. Court of Appeals erred in holding that Employee Retirement Income Security Act Section 413(1) bars breach of fiduciary duty claims based on the fiduciaries' initial selection of plan investments without considering "the contours of the alleged breach of fiduciary duty" under trust law (Glenn Tibble, et al. v. Edison International, et al., No. 13-550, U.S. Sup.).
SANTA ANA, Calif. - A federal judge in California on April 9 dismissed a state unfair competition law claim (UCL) from a dispute over a defect in a portable navigation device but allowed claims for breach of express warranty and breach of implied warranty to continue (TomTom International v. Broadcom Corp., No. 14-475, C.D. Calif.; 2015 U.S. Dist. LEXIS 47583).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on April 2 released its opinion on a request by the Sub-Regional Fisheries Commission (SRFC) on illegal and unreported fishing activities, finding that a flag state is obligated to take measures to ensure that its vessels are complying with certain marine laws enacted by the SRFC (In re Sub-Regional Fisheries Commission, No 21, ITLOS).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on March 12 announced that it will soon release its advisory opinion in relation to a request by the Sub-Regional Fisheries Commission (SRFC) on illegal and unreported fishing activities (In re Sub-Regional Fisheries Commission, No 21, ITLOS).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on March 9 announced that the opening hearing in a dispute over the maritime boundary between Ghana and Cote d'Ivoire will be held later this month (Ghana v. Cote d'Ivoire, No. 23, ITLOS).
TACOMA, Wash. - Upon remand by the Ninth Circuit U.S. Court of Appeals, a Washington federal judge on Feb. 13 determined that the supplier of a piece of durable medical equipment used to treat osteoarthritis of the knee was not entitled to the benefits of any of Medicare's "limited liability" provisions (International Rehabilitative Sciences Inc. v. Sylvia M. Burwell, No. 08-5442, W.D. Wash.; 2015 U.S. Dist. LEXIS 18122).
NEW ORLEANS - Finding no manifest errors of law or newly discovered evidence in a prior ruling, a Louisiana federal judge on Feb. 4 denied several motions for reconsideration filed by parties to a lawsuit seeking insurance coverage for bodily injuries arising out of Legionnaire's disease (Angela Paternostro, et al. v. Choice Hotel International Services Corp., d/b/a Clarion Inn and Suites, et al., No. 13-0662, E.D. La.; 2015 U.S. Dist. LEXIS 14171).
TRENTON, N.J. - A federal judge in New Jersey on Jan. 30 dismissed without prejudice state law consumer protection claims brought by a putative class against the maker of Azek decking materials, finding that while they were pleaded with the required level of particularity, the plaintiffs need to provide specific information required by each state's law (In re: AZEK Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12-cv-06627, D. N.J.).
CHICAGO - The First District Illinois Appellate Court on Jan. 21 affirmed a trial court's ruling that insurers have no duty to indemnify an insured for environmental investigation costs because environmental investigation costs are not considered damages under Florida law (Premark International LLC v. Continental Casualty Co., et al., No. 1-13-2760, Ill. App., 1st Dist.; 3rd Div.; 2015 Ill. App. Unpub. LEXIS 93).
WASHINGTON, D.C. - The Sixth Circuit U.S. Court of Appeals erred when it applied the reasoning of its earlier decision in International Union, United Auto, Aerospace & Agricultural Implement Workers of Am. v. Yard-Man, Inc. (716 F.2d 1476) to a dispute over the life of retiree health benefits, a unanimous U.S. Supreme Court ruled Jan. 26, siding with the employer, which argued in favor of applying the ordinary principles of contract law (M&G Polymers USA, LLC, et al. v. Hobert Freel Tackett, et al., No. 13-1010, U.S. Sup.; 2015 U.S. LEXIS 759).
NEWARK, N.J. - A New Jersey federal judge on Jan. 13 revoked the pro hac vice admission of two attorneys and their law firm for one year after they failed to respond to an order to show cause as to why the court should not impose sanctions for filing a Superstorm Sandy lawsuit that lacked basis (Lighthouse Point Marina & Yacht Club LLC v. International Marine Underwriters, No. 14-2974 [WHW][CLW], D. N.J.; 2015 U.S. Dist. LEXIS 3827).
HAMBURG, Germany - Based on an agreement by the parties, the International Tribunal for the Law of the Sea (ITLOS) on Jan. 12 transferred a dispute over the delimitation of the maritime boundary between Ghana and Cote D'Ivoire to a special chamber of judges for review (Ghana v. Cote d'Ivoire, No. 23, ITLOS).
ATLANTA - After finding that all jurisdictional prerequisites were met and that a seaman's claims against his employer fell within the scope of a collective bargaining agreement, the 11th Circuit U.S. Court of Appeals on Dec. 3 affirmed a court's ruling compelling arbitration under Italian law (Ralph Jonathan Alvarado Vera v. Cruise Ships Catering and Services International, et al., No. 14-12494, 11th Cir.; 2014 U.S. App. LEXIS 23004).