LexisNexis® Legal Newsroom
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.).

Mealey's Labor & Employment - 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 PI/Product Liability - Endo Settles All Known Testosterone Drug Cases

DUBLIN, Ireland - Endo International PLC on June 11 announced that its Endo Pharmaceuticals Inc. and Auxilium Pharmaceuticals LLP subsidiaries have entered into a master settlement agreement to resolve "all known" testosterone replacement therapy product liability claims.

Mealey's Litigation Procedure - Ghana Opposes Request For Leave To Attach Funds To Pay $11.75M Award

WASHINGTON, D.C. - Ghana on June 5 filed its opposition in a District of Columbia federal court to a request made by two energy firms seeking an order allowing them to begin attachment and enforcement efforts to obtain payment of a $11.75 million international arbitral award, arguing that they are not authorized to begin attachment efforts and that they have not identified the specific assets they seek to attach (Balkan Energy Limited, et al. v. Ghana, No. 1:17-cv-00584, D. D.C.).

Mealey's IP/Tech - Nevada Federal Judge Won't Reconsider Dismissal Of False Advertising Claim

LAS VEGAS - A November 2017 order that dismissed with prejudice allegations of copyright misuse, intentional interference with prospective economic advantage and false advertising by Oracle International Corp. will not be reconsidered, a Nevada federal judge ruled June 5 (Rimini Street Inc. v. Oracle International Corp., No. 14-1699, D. Nev., 2018 U.S. Dist. LEXIS 94585).

Mealey's Toxic Tort/Environmental - Defective Asbestos Respirator Action May Proceed, Federal Judge Says

MADISON, Wis. - Evidence that 3M Co.'s internal testing of a respirator showed compliance problems, even while it was seeking an extension of approvals for use to filter asbestos, is sufficient to rebut the presumption that a product given the federal stamp of approval is not defective, a federal judge in Wisconsin held June 1 in denying summary judgment (Pamela Kilty, et al. v. Weyerhaeuser Co., et al., No. 16-515, Scott Spatz, et al. v. Weyerhaeuser Co., et al., No. 16-726, W.D. Wis., 2018 U.S. Dist. LEXIS 92931).

Mealey's Labor & Employment - 5th Circuit Affirms Arbitrator Ruling For Union In Dispute Over Contract Workers

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 1 upheld an arbitrator's ruling in favor of a union in a dispute over an employer's use of numerous contract workers to complete a large project, finding that parties were bound by the decision pursuant to their collective bargaining agreement (CBA) as there was no showing of abuse of discretion (Delek Refining, Limited v. Local 202, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Services Workers International Union, AFL-CIO, No. 17-40593, 5th Cir., 2018 U.S. App. LEXIS 14550).

Mealey's Litigation Procedure - Energy Community And Vienna Arbitration Center Reach Cooperation Agreement

VIENNA - The Energy Community Secretariat's Dispute Resolution Centre (EDRC) and the Vienna International Arbitral Centre (VIAC) announced June 2 that they have reached a cooperation agreement for dispute resolution.

Mealey's IP/Tech - Judge Dismisses UCL, Lanham Act Claims, Finds Statements Were Not Misleading

SAN JOSE, Calif. - After finding that statements made on a trademark filing service company's website would not likely mislead consumers, a California federal judge on May 25 granted the company's request to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act and for false advertising asserted by a law firm, its owner and a trademark search service company (Legalforce RAPC Worldwide, P.C., et al. v. Trademark Information International LLC, et al., No. 17-cv-07354, N.D. Calif., 2018 U.S. Dist. LEXIS 88506).

Mealey's Litigation Procedure - Judge Confirms CIETAC Award Ordering Company To Pay For Dietary Supplements

CENTRAL ISLIP, N.Y. - After finding that a New York company's defenses to enforcement of an arbitral award lacked merit, a New York federal judge on May 30 granted a petition to confirm filed by a Chinese seller of dietary supplements (Tianjin Port Free Trade Zone International Trade Service Co., Ltd. v. Tiancheng Chempharm Inc., No. 17-CV-4130, E.D. N.Y., 2018 U.S. Dist. LEXIS 90106).

Mealey's Litigation Procedure - Citing Settlement, Florida Federal Judge Closes Wendy's Data Breach Class Action

ORLANDO, Fla. - In light of an announced "agreement in principle" between Wendy's International LLC and a group of customers who claim that their payment card data (PCD) was compromised in a breach of the fast food chain's payment system, a Florida federal judge on May 25 administratively closed a putative negligence class action to allow the parties to finalize terms of their settlement (Christine Jackson, et al. v. Wendy's International LLC, No. 6:16-cv-00210, M.D. Fla.).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL, Lanham Act Claims, Finds Statements Were Not Misleading

SAN JOSE, Calif. - After finding that statements made on a trademark filing service company's website would not likely mislead consumers, a California federal judge on May 25 granted the company's request to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act and for false advertising asserted by a law firm, its owner and a trademark search service company (Legalforce RAPC Worldwide, P.C., et al. v. Trademark Information International LLC, et al., No. 17-cv-07354, N.D. Calif., 2018 U.S. Dist. LEXIS 88506).

Mealey's Litigation Procedure - London Court Of International Arbitration Appoints New Arbitrators

LONDON - The London Court of International Arbitration (LCIA) on May 30 said that several arbitrators have left the court after serving their term and that three new arbitrators were recently appointed.

Mealey's Toxic Tort/Environmental - 2nd Circuit Upholds Ruling Finding Residents' State Law Claims Preempted By CERCLA

NEW YORK - A federal judge in New York did not err when dismissing a lawsuit brought by residents who live near a Superfund site after finding that their state law claims were preempted by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a Second Circuit U.S. Court of Appeals panel ruled May 25, holding that the plaintiffs' claims conflicted with the terms of a remediation plan entered into between Honeywell International Inc. and the U.S. Environmental Protection Agency (Robert Bartlett, et al. v. Honeywell International Inc., No. 17-1907-cv, 2nd Cir., 2018 U.S. App. LEXIS 13860).

Mealey's IP/Tech - Hotel Franchisor Awarded More Than $900,000 In Franchisee Profit Dispute

HOUSTON - A Texas federal judge on May 22 awarded a hotel franchisor more than $900,000 on its unopposed motion for damages and attorney fees against a former franchisee that continued to use registered trademarks after its franchise agreement was terminated and now must remit profits during that time under the Lanham Act and state law (Choice Hotels International, Inc. v. Frontier Hotels, Inc., et al., No. 15-2355, S.D. Texas, 2018 U.S. Dist. LEXIS 85914).

Mealey's IP/Tech - Delaware Federal Judge: Covered Business Method Review Not Unconstitutional

WILMINGTON, Del. - U.S. Judge Richard G. Andrews of the District of Delaware on May 22 turned away a constitutional challenge to the covered business method (CBM) review procedure established in 2011 by the Leahy-Smith America Invents Act (AIA), 112 P.L. 29, 125 Stat. 284 (Dr. Lakshmi Arunachalam v. International Business Machines Corporation, No. 16-281, D. Del.).