LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Tibble Defendants Will Pay $5.8 Million For Attorney Fees

LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et al. v. Edison International, et al., No. 07-5359, C.D. Calif.).

Mealey's Litigation Procedure - ICSID Registers Petroleum Firms' Arbitration Case Against Gambia

WASHINGTON, D.C. - A British petroleum company on Oct. 18 announced that an international arbitration center has registered its request for arbitration against the Republic of Gambia (African Petroleum Gambia Limited and APCL Gambia B.V. v. Republic of The Gambia, No. ARB/17/38, ICSID).

Mealey's Labor & Employment - Tibble Defendants Will Pay $5.8 Million For Attorney Fees

LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et al. v. Edison International, et al., No. 07-5359, C.D. Calif.).

Mealey's IP/Tech - Exclusion Order Barring Importation Of Infringing Products Affirmed

WASHINGTON, D.C. - A limited exclusion order entered by the International Trade Commission (ITC) against Arista Networks Inc. based upon findings that Arista infringed three Cisco Systems Inc. patents was upheld Oct. 18 by the Federal Circuit U.S. Court of Appeals, which found no error in the ITC's determination of infringement (Arista Networks Inc. v. International Trade Commission, No. 16-2563, Fed. Cir.).

Mealey's Litigation Procedure - Venezuelan Ministry Says Crystallex Cannot Obtain Trust Assets To Satisfy Award

NEW YORK - The Ministry of Defense of the Bolivarian Republic of Venezuela on Oct. 16 moved a New York federal court to dismiss a petition filed by a Canadian company that seeks to obtain payment from a trust held by a bank to satisfy a $1.2 billion arbitral award, arguing that the requested assets are immune from execution under the Foreign Sovereign Immunities Act (FSIA) (Crystallex International Corp. v. The Bank of New York Mellon, No. 1:17-cv-07024, S.D. N.Y.).

Mealey's Insurance - Judge Finds Fact Issues Exist Over Knowledge Of Claim Under Performance Bond

CHICAGO - Material fact issues remain as to when a contractor knew of a construction defects claim under a performance bond, an Illinois federal judge ruled Oct. 10, denying summary judgment on a surety's statute of limitations defense (James McHugh Construction Co. v. International Fidelity Insurance Co., No. 14-02399, N.D. Ill., 2017 U.S. Dist. LEXIS 166729).

Mealey's Litigation Procedure - LCIA Releases Updated Report, Finds Costs and Duration Remain Low

LONDON - The London Court of International Arbitration (LCIA) on Oct. 3 released its report on costs and duration analysis, reporting that its tribunal and administrative costs remain lower than other leading arbitral institutions.

Mealey's Litigation Procedure - Shipbuilder Says ICC Awarded It 200M Euros In Arbitration With Greece

ATHENS, Greece - A middle eastern shipbuilder on Oct. 5 announced that an international arbitral tribunal has awarded it 200 million Euros in an arbitration with the Hellenic Republic.

Mealey's Labor & Employment - Franchisee Not Entitled To Another 'Bite At The Apple' In Employment Benefits Suit

BOSTON - The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a federal district court's finding that under the principles of res judicata, it was bound by a Georgia court judgment in favor of a cleaning franchisor in a dispute over the unit franchisee's classification for the purposes of employment benefits, saying the franchisee has "already had his bite at the apple and is not entitled to yet another" (Giovani Depianti, et al. v. Jan-Pro Franchising International, Inc., No. 16-2256, 1st Cir., 2017 U.S. App. LEXIS 18890).

Mealey's Litigation Procedure - ITLOS Appoints New Tribunal Members To Hear UNCLOS Cases

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has appointed a new president, vice president and five new tribunal members.

Mealey's Litigation Procedure - ICSID Awards Caratube $39.2M In Investment Dispute With Kazakhstan

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 28 issued its award in a dispute over exploration rights, ordering the Republic of Kazakhstan to pay an international oil company $39.2 million in damages (Caratube International Oil Company LLP & Mr. Devincci Salah Hourani v. Republic of Kazakhstan, No. ARB/13/13, ICSID).

Mealey's IP/Tech - 4 Sony Patent Claims Canceled By Patent Board

ALEXANDRIA, Va. - In a Sept. 25 final written decision, the Patent Trial and Appeal Board found that four claims of a Sony Corp. patent directed to a method for swift selection of a desired television channel would have been obvious over a combination of four pieces of prior art (Arris International PLC v. Sony Corporation, No. IPR2016-00835, PTAB).

Mealey's IP/Tech - Minnesota Federal Judge Transfers Copyright Case To Florida Court

MINNEAPOLIS - A complaint by Mayo Clinic and Mayo Foundation for Medical Education and Research (Mayo, collectively) that seeks a declaration that Mayo did not infringe a copyrighted chart in an internal training session cannot proceed in Minnesota because the chart's author has not "purposefully directed" her activities there, a Minnesota federal judge ruled Sept. 27 (Mayo Clinic, et al. v. Enterprise Management Limited Inc. and Mary Lippitt, No. 17-941, D. Minn., 2017 U.S. Dist. LEXIS 158786).

Mealey's Litigation Procedure - Rehearing En Banc Denied By 6th Circuit In Retiree's Health Care Suit

CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 22 denied a petition for rehearing en banc filed by an employer that the appellate panel ruled was properly enjoined from changing health care benefits provided to workers who retired from a plant before its closing (International Union, United Automobile, Aerospace and Agricultural Implement Workers of America [UAW], et al. v. Kelsey-Hayes, Co., et al., No. 15-2285, 6th Cir., 2017 U.S. App. LEXIS 18365).

Mealey's Litigation Procedure - ICSID Constitutes Tribunal In Energy Charter Treaty Arbitration Against Italy

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 26 constituted a tribunal in an arbitration commenced by a group of exploration entities against the Italian Republic, asserting claims for violation of the Energy Charter Treaty (ECT) (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).

Mealey's Labor & Employment - Rehearing En Banc Denied By 6th Circuit In Retiree's Health Care Suit

CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 22 denied a petition for rehearing en banc filed by an employer that the appellate panel ruled was properly enjoined from changing health care benefits provided to workers who retired from a plant before its closing (International Union, United Automobile, Aerospace and Agricultural Implement Workers of America [UAW], et al. v. Kelsey-Hayes, Co., et al., No. 15-2285, 6th Cir., 2017 U.S. App. LEXIS 18365).

Mealey's Litigation Procedure - Flash Memory Product Maker Commences 3 ICC Arbitrations Against Toshiba

SAN JOSE, Calif. - A California company on Sept. 26 gave updates on three arbitration cases commenced by its subsidiary with the International Chamber of Commerce's International Court of Arbitration (ICC) against Toshiba Corp. in relation to disputes over flash-memory joint venture agreements and in which it seeks various injunctions prohibiting Toshiba from taking further actions.

Mealey's IP/Tech - Oregon Federal Judge Partly Grants Motion To Stay Patent Litigation

PORTLAND, Ore. - An Oregon federal judge on Sept. 22 agreed to stay claim construction briefing in a patent case and strike a planned December claim construction hearing until the U.S. Patent and Trademark Office (PTO) agrees to grant or deny three petitions for inter partes review (IPR) of three patents (Reebok International Ltd. v. TRB Acquisitions LLC, No. 16-1618, D. Ore., 2017 U.S. Dist. LEXIS 155202).

Mealey's Litigation Procedure - ITLOS Issues Award On Maritime Boundaries Between Ghana, Cote D'Ivoire

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 23 issued its final award in maritime boundary dispute between Ghana and Cote d'Ivoire, establishing specific coordinates for certain boundaries in the Atlantic Ocean and finding that Ghana did not violate the United Nations Convention on the Law of the Sea (UNCLOS) (Ghana v. Cote d'Ivoire, No. 23, ITLOS).

Mealey's Insurance - New Jersey Appeals Panel: Reinsurance Intermediary's Claims Are Time-Barred

JERSEY CITY, N.J. - A six-year statute of limitations precludes a reinsurance intermediary's promissory estoppel, unjust enrichment and tortious interference counterclaims against an insurance and a reinsurance management services provider and an excess and surplus lines insurer, a New Jersey appeals panel affirmed Sept. 20 (Berkley Risk Solutions LLC, et al. v. Industrial Re-International Inc., et al., No. A-2366-15T1, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 2382).

Mealey's Litigation Procedure - Digital Company Files ICC Investment Arbitration Against Toshiba Corp.

SAN JOSE, Calif. - A California digital company on Sept. 20 announced that its subsidiaries have filed a notice of international arbitration against Toshiba Corp. in relation to flash-memory drive joint ventures.

Mealey's Labor & Employment - Judge Orders More Discovery Into Jurisdiction In Health Insurance Billing Spat

ALBUQUERQUE, N.M. - A critical care emergency medical transport company is entitled to further jurisdictional discovery into the individuals involved in denying its health insurance claim and where a defendant defends suits, a federal magistrate judge held Sept. 18 (Med Flight Air Ambulance Inc. v. MGM Resorts International, et al., No. 17-246, D. N.M., 2017 U.S. Dist. LEXIS 151265).

Mealey's Insurance - No Coverage Owed For Damages Caused By Collapsed Liquid Propane Tanks

WILLIAMSPORT, Pa. - No coverage is afforded for damages to an insured's property caused by the collapse of liquid propane tanks into a sinkhole because the sinkhole was caused by excess rainfall, which is clearly precluded under the policy's flood exclusion, a Pennsylvania federal judge said Sept. 18 in granting an insurer's motion for summary judgment on claims of breach of contract and bad faith (Heller's Gas Inc. v. International Insurance Company of Hannover Ltd., et al., No. 15-1350, M.D. Pa., 2017 U.S. Dist. LEXIS 151072).

Mealey's Litigation Procedure - ICC Issues Confidential Award In Nokia Patent Dispute With LG Electronics

ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.

Mealey's Insurance - Appeals Panel Addresses Defamation Claims Against Former N.Y. Attorney General

NEW YORK - American International Group Inc.'s (AIG) former chief executive officer sufficiently alleged a defamation claim based on several public statements made by New York's former attorney general, a New York appeals panel affirmed Sept. 13 (Maurice R. Greenberg v. Eliot L. Spitzer, No. 1436/13, N.Y. App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 6422).