LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Consumer Sufficiently Alleges Direct Fraud Against Tax Prep Franchisor, Subsidiary

LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct fraud by the franchisor and its subsidiary (Luis Lomeli v. Jackson Hewitt, Inc., et al., No 17-02899, C.D. Calif., 2018 U.S. Dist. LEXIS 27087).

Mealey's IP/Tech - California Federal Judge Deems 'Major University' Claim False, Material

SAN DIEGO - A supplement maker's claim that clinical study results on Lipozene were derived from a "major university study" were false, according to a Feb. 21 ruling by a California federal judge, because the study was not affiliated with a university (Obesity Research Institute LLC v. Fiber Research International LLC, No. 15-595, S.D. Calif., 2018 U.S. Dist. LEXIS 28025).

Mealey's Litigation Procedure - Consumer Sufficiently Alleges Direct Fraud Against Tax Prep Franchisor, Subsidiary

LOS ANGELES - A California federal judge on Feb. 20 held that a consumer who claims that a tax preparation company, its franchisee and other entities manipulated tax returns and submitted them to the Internal Revenue Service without tax payers' consent has sufficiently alleged a theory of direct fraud by the franchisor and its subsidiary (Luis Lomeli v. Jackson Hewitt, Inc., et al., No 17-02899, C.D. Calif., 2018 U.S. Dist. LEXIS 27087).

Mealey's Toxic Tort/Environmental - Judge Trims Waste-Processing Facility's RCRA Claims Against Port District

CHICAGO - A federal judge in Illinois on Feb. 15 found that a waste-processing company could not pursue claims that a port district violated the Resource Conservation and Recovery Act (RCRA) when constructing piers in the 1960s and 1970s using contaminated materials because the plaintiff did not provide sufficient presuit notification to inform the district about the alleged violations (Clean Harbors Services Inc. v. Illinois International Port District, No. 12-CV-7837, N.D. Ill., 2018 U.S. Dist. LEXIS 24583).

Mealey's Labor & Employment - Judge Rejects Indiana's Challenge To ACA Employer Mandate

INDIANAPOLIS - Res judicata and U.S. Supreme Court precedent require judgment in favor of the federal government in a state's and school district's attack on the Patient Protection and Affordable Care Act (ACA) employer mandate, a federal judge in Indiana held Feb. 14 (Indiana, et al. v. Internal Revenue Service, et al., NO. 13-1612, S.D. Ind., 2018 U.S. Dist. LEXIS 24863).

Mealey's Litigation Procedure - PCA Holds Merits Hearing In Arbitration Over Russian Banking Operations

THE HAGUE, Netherlands - The Permanent Court of Arbitration (PCA) on Feb. 19 said it has completed a hearing on the merits of an arbitration commenced by two financial institutions against the Russian Federation pursuant to the United Nations Commission on International Trade Law (UNCITRAL) (PJSC CB PrivatBank, et al. v. Russian Federation, No. 2015-21, PCA).

Mealey's Health Law - Judge Rejects Indiana's Challenge To ACA Employer Mandate

INDIANAPOLIS - Res judicata and U.S. Supreme Court precedent require judgment in favor of the federal government in a state's and school district's attack on the Patient Protection and Affordable Care Act (ACA) employer mandate, a federal judge in Indiana held Feb. 14 (Indiana, et al. v. Internal Revenue Service, et al., NO. 13-1612, S.D. Ind., 2018 U.S. Dist. LEXIS 24863).

Mealey's Litigation Procedure - Mining Firm Replies To Indonesia In ICSID Annulment Case; Hearing Set

WASHINGTON, D.C. - An English mining company on Feb. 16 said it has filed a reply to Indonesia's opposition to a case in which the company seeks to annul an award issued by the International Centre for Settlement of Investment Disputes (ICSID), which dismissed its treaty claims related to a coal mining project (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

Mealey's Litigation Procedure - ICSID Tribunal President Resigns, BIT Case Against Romania Stayed

LONDON - A Canadian mining company on Feb. 8 said the president of a tribunal hearing a treaty dispute over a mining project commenced against Romania has resigned Feb. 7, and the International Centre for Settlement of Investment Disputes (ICSID) has stayed the case until the vacancy is filled.

Mealey's PI/Product Liability - Ohio Supreme Court Finds Cumulative Asbestos Exposure Opinion Lacking

CLEVELAND - Testimony that cumulative asbestos exposures all contribute to mesothelioma does not meet the standard for causation in Ohio, the state's supreme court held Feb. 8 in reversing a ruling that affirmed a more than $1 million judgment against Honeywell International Inc. (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Mealey's Litigation Procedure - ICSID Rejects Application To Annul Award Dismissing Claims Against Venezuela

WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 7 released its decision in a treaty arbitration commenced by a holding company against the Bolivarian Republic of Venezuela, rejecting the company's application to annul an award in which the tribunal found that it lacked jurisdiction over the case (Venoklim Holding BV v. Bolivarian Republic of Venezuela, No. ARB/12/22, ICSID).

Mealey's Toxic Tort/Environmental - Ohio Supreme Court Finds Cumulative Asbestos Exposure Opinion Lacking

CLEVELAND - Testimony that cumulative asbestos exposures all contribute to mesothelioma does not meet the standard for causation in Ohio, the state's supreme court held Feb. 8 in reversing a ruling that affirmed a more than $1 million judgment against Honeywell International Inc. (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Mealey's Litigation Procedure - ICSID Releases Updated Case Statistics, Reports An Increase In New Filings

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Feb. 2 released its ICSID Caseload - Statistics for last year, reporting an increase in new case filings.

Mealey's Litigation Procedure - Honeywell Will Appeal Temporary Injunction In Early Retirement Benefits Dispute

MINNEAPOLIS - Honeywell filed a notice of appeal on Jan. 31 in the U.S. District Court for the District of Minnesota, the same day a district court judge issued an amended opinion granting a motion for preliminary injunction filed by a class of retirees seeking to stop the termination of their health care benefits (Augustine Pacheco, et al. v. Honeywell International Inc., No. 17-5048, D. Minn., 2018 U.S. Dist. LEXIS 15699).

Mealey's Litigation Procedure - D.C. Circuit Allows Hellenic Republic's Appeal Of Order Converting Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 2 reversed a district court's decision that granted a technology company's request to convert an arbitral award to U.S. dollars based on the currency exchange rate at the time the award was issued in 2013, finding that the award was issued in euros and that all of its previous requests regarding confirmation of the award referenced euros (Leidos Inc., formerly known as Science Applications International Corporation, v. Hellenic Republic, No. 17-7082, D.C. Cir., 2018 U.S. App. LEXIS 2614).

Mealey's Labor & Employment - Honeywell Will Appeal Temporary Injunction In Early Retirement Benefits Dispute

MINNEAPOLIS - Honeywell filed a notice of appeal on Jan. 31 in the U.S. District Court for the District of Minnesota, the same day a district court judge issued an amended opinion granting a motion for preliminary injunction filed by a class of retirees seeking to stop the termination of their health care benefits (Augustine Pacheco, et al. v. Honeywell International Inc., No. 17-5048, D. Minn., 2018 U.S. Dist. LEXIS 15699).

Mealey's Litigation Procedure - ICC And Miami Arbitral Institute To Collaborate On Cost Study

PARIS - An international arbitration court and a Miami arbitral institute on Jan. 31 announced that they have agreed to collaborate on a cost study aimed at increasing transparency in international arbitration.

Mealey's Labor & Employment - Class Of Workers Alleges Collusion Between FCA And Auto Workers Union

ANN ARBOR, Mich. - FCA US LLC and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) colluded when FCA offered bribes and UAW accepted the bribes in exchange for company-friendly positions at the bargaining table and elsewhere, workers allege in a class complaint filed Jan. 26 in the U.S. District Court for the Eastern District of Michigan (Beverly L. Swanigan, et al. v. FCA US, LLC, No. 18-10319, E.D. Mich.).

Mealey's Litigation Procedure - Costa Rican Company Disputes Confirmation Of $29M Award In 11th Circuit

ATLANTA - A Costa Rican company on Jan. 29 filed a reply in its appeal with the 11th Circuit U.S. Court of Appeals, disputing a district court's decision to confirm a $29,290,400 international arbitration award that was issued for Del Monte International GMBH in a dispute over a contract for the sale of pineapples (Inversiones Y Procesadora Tropical Inprotsa, S.A. v. Del Monte International GMBH, No. 1:16-cv-24275, 11th Cir.).

Mealey's Litigation Procedure - Class Of Workers Alleges Collusion Between FCA And Auto Workers Union

ANN ARBOR, Mich. - FCA US LLC and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) colluded when FCA offered bribes and UAW accepted the bribes in exchange for company-friendly positions at the bargaining table and elsewhere, workers allege in a class complaint filed Jan. 26 in the U.S. District Court for the Eastern District of Michigan (Beverly L. Swanigan, et al. v. FCA US, LLC, No. 18-10319, E.D. Mich.).

Mealey's Toxic Tort/Environmental - Firm Barred From Filing Summary Judgment Motions In Contamination Dispute

CHICAGO - A federal judge in Illinois on Jan. 29 banned a private equity firm from filing any future motions for summary judgment absent good cause and leave from the court after denying a motion seeking dismissal of Honeywell International Inc.'s counterclaim for indemnification for the cleanup of benzene and vinyl chloride contamination at a site in Muncie, Ind. (Hammond Kennedy Whitney & Co. Inc. v. Honeywell International Inc., No. 16-cv-9808, N.D. Ill., 2018 U.S. Dist. LEXIS 13917).

Mealey's Insurance - No Coverage For Damage Caused By Insured To Electrical Transformer, Panel Affirms

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 26 affirmed a lower federal court's finding that a commercial general liability insurance policy's "particular part" exclusion bars coverage for the damage an insured allegedly caused to an electrical transformer while working on it (Electric Power Systems International, Inc. v. Zurich American Insurance Company, No. 16-3927, 8th Cir., 2018 U.S. App. LEXIS 1953).

Mealey's Labor & Employment - Partial Disclosure Of Papa John's Consultant's Data Ordered In Drivers' Wage Suit

NEW YORK - Papa John's must turn over documents, except those protected by the attorney-client privilege, from a consultant hired, in part, to analyze alternative approaches to reimbursement of delivery driver vehicle expenses in a class complaint brought by drivers seeking compensation for under-reimbursed deliveries, a New York federal judge ordered Jan. 24 (William Durling, et al. v. Papa John's International, Inc., No. 16-3592, S.D. N.Y., 2018 U.S. Dist. LEXIS 11584).

Mealey's Insurance - Insurer Paints Rehab Centers' Allegations As Vague, Wants Them Dismissed

LOS ANGELES - Amended complaints from three drug rehabilitation centers contain the same insufficiently broad allegations regarding the formation of contracts and the services provided as a previously dismissed pleading, an insurer told a federal judge in California on Jan. 25 (Casa Bella Recovery International Inc. v. Humana Inc., et al., Nos. 17-1801, 17-1804, 17-1807, C.D. Calif.).

Mealey's Litigation Procedure - Individuals, Businesses File Class Suit For Losses From Fire, Montecito Mudslides

LOS ANGELES - Southern California Edison Co. and Edison International (collectively, SCE) own, operate and improperly maintained unsafe electrical infrastructure that caused a December 2017 fire in southern California that, in turn, triggered a January 2018 mudslide, killing nearly two dozen people and destroying homes and business, individuals and businesses allege in a Jan. 24 class complaint filed in the Los Angeles County Superior Court, seeking an unnamed amount for damages and destruction of property, loss of use of property, loss of business, other damages and attorney fees (Victoria Frost, et al. v. Southern California Edison Company, et al., No. BC691146, Calif. Super., Los Angeles Co.).