NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 21 found that a lower court erred in dismissing insurance claims in a dispute over coverage for a maritime collision in the Gulf of Mexico, vacating the lower court in part and remanding for the court to review the insurance policies and determine their scope (International Marine, L.L.C., et al. v. Integrity Fisheries, Incorporated, et al., No. 16-30456, 5th Cir., 2017 U.S. App. LEXIS 11041).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on June 20 announced that it is inviting nonparties in an arbitration commenced by a resource company against the government of Canada to submit amicus curiae briefs in accordance with the statement of the North American Free Trade Agreement (NAFTA) Commission (Lone Pine Resources Inc. v. The Government of Canada, No. UNCT/15/2, ICSID).
EDINBURGH, Scotland - A United Kingdom energy company on June 19 gave updates on a dispute with the Indian Income Tax Department, stating that an international arbitration over a tax assessment is progressing and that final hearings in the case will be held next year.
CLEVELAND - Expert testimony attributing a man's mesothelioma to cumulative exposure to asbestos in automobile brakes simply dresses up the theory that every exposure leads to disease in new clothing and is inadmissible under Ohio law, a manufacturer and its amici curiae told the state's highest court on June 15 (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).
WASHINGTON, D.C. - A District of Columbia federal judge on June 15 rejected an energy company's petition to vacate an international arbitral award in which a tribunal found that the Government of Canada did not violate the North American Free Trade Agreement (NAFTA), finding nothing to show that the tribunal exceed its authority (Mesa Power Group LLC v. Government of Canada, No. 16-1101, D. D.C., 2017 U.S. Dist. LEXIS 92037).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 12 affirmed a district court's ruling that the termination of a disability claim was reasonable based on the plan's mental health coverage limitation and the medical evidence considered by the disability insurer (Kathee A. Colman v. American International Group Inc. Group Benefit Plan, et al., No. 15-15903, 9th Cir., 2017 U.S. App. LEXIS 10394).
HAMBURG, Germany - The president of the International Tribunal for the Law of The Sea (ITLOS) on June 12 issued the annual report for the tribunal, noting several important rulings and appointments.
CINCINNATI - A Michigan couple who sell the "Guppie Kid" children's clothing line argue in a June 14 brief in the Sixth Circuit U.S. Court of Appeals that clothing related to the Nickelodeon show "Bubble Guppies" infringed their trademarks by overwhelming their senior marks via reverse confusion (Debbie Rohn, et al. v. Viacom International Inc., et al., No. 17-1225, 6th Cir.).
ALEXANDRIA, Va. - Three claims of a Sony Corp. patented system for supplying digital signals are unpatentable as anticipated and obvious, a June 14 petition for inter partes review with the Patent Trial and Appeal Board asserts (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2017-01596, PTAB).
WASHINGTON, D.C. - The Bolivarian Republic of Venezuela on June 12 moved in a federal district court to stay the enforcement of a $1.2 billion arbitral award that was confirmed in favor of a Canadian investor, pending the outcome of its appeal of the decision to the District of Columbia Circuit U.S. Court of Appeals (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C.).
WASHINGTON, D.C. - The International Franchise Association (IFA) on June 7 applauded the announcement by U.S. Secretary of Labor Alexander Acosta that day that the U.S. Department of Labor (DOL) would withdraw the Obama administration's interpretation of joint employer that it called "one of the most costly and burdensome regulations impacting the franchise business model."
WASHINGTON, D.C. - A split National Labor Relations Board on June 1 denied a motion to stay the union election for all hourly paid student employees of the University of Chicago's libraries and denied on the merits the university's expedited request for review (University of Chicago and International Brotherhood of Teamsters, Local 743, No. 13-RC-198365, NLRB).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 30 partially granted a request by the United Mexican States to bifurcate the issue of whether a Canadian company made an investment in Mexico under the North American Free Trade Agreement (NAFTA) from the merits of the case (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/2, ICSID).
SEATTLE - Dismissal of an insured's bad faith claim against his insurer for failure to timely settle his claim for underinsured motorist coverage is not warranted because genuine issues of material fact exist as to whether the insurer did not properly consider whether the insured's internal bleeding was related to the accident, a federal judge in Washington ruled May 26 in granting in part and denying in part the insurer's motion for partial summary judgment (Christopher Heide v. State Farm Mutual Automobile Insurance Co., No. 16-652, W.D. Wash., 2017 U.S. Dist. LEXIS 81341).
MELBOURNE, Australia - Celamin Holdings NL on May 30 announced that it has raised capital to fund an international arbitration and other proceedings that were commenced in relation to a dispute over shares in a phosphate project.
NEW YORK - A New York federal judge on May 30 granted a petition to confirm a $1,220,790 international arbitral award issued in a dispute over a telecommunications agreement, finding that an award that was agreed on by the parties was still binding under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Albtelecom SH.A. v. Unifi Communications Inc., No. 16-9001, S.D. N.Y., 2017 U.S. Dist. LEXIS 82154).
NEWARK, N.J. - Counsel for plaintiffs who claim that decking made by Azek Building Products Inc. is defective because it prematurely faded, discolored, scratched and stained informed a federal judge in New Jersey on May 24 that they have reached a settlement with the manufacturer (In re: Azek Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12cv6627, D. N.J.).
WASHINGTON, D.C. - In a ruling May 30, the U.S. Supreme Court found that Lexmark International Inc. exhausted its domestic and international patent rights "the moment it sold" certain refillable printer cartridges in the United States (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).
OAKLAND, Calif. - San Francisco Bay Area Rapid Transit District (BART) was hit with a putative class complaint in California federal court May 22, with one of its mass transit passengers claiming that the organization's smartphone application surreptitiously collects the International Mobile Equipment Identity (IMEI) numbers associated with users' phones, as well as their precise locations, in violation of state and federal law (Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., No. 4:17-cv-02911, N.D. Calif.).
NEW YORK - A United Kingdom entity and a Luxembourg company on May 19 filed a petition in a New York federal court, seeking to confirm a $143,302,395 international arbitral award issued in their favor and against the Kingdom of Spain (Eiser Infrastructure Limited, et al. v. Kingdom of Spain, No. 1:17-cv-03808, S.D. N.Y.).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 19 registered a request by an English exploration entity, commencing arbitration under the Energy Charter Treaty (ECT) against the Republic of Italy (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 19 released the first procedural order in an arbitration commenced by Lao Holdings N.V. against the Lao People's Democratic Republic in relation to the alleged breach of a settlement agreement, establishing the procedural framework of the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF)/16/2], ICSID).
DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al., No.15-02499, D. Colo., 2017 U.S. Dist. LEXIS 75073).