LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Michigan Federal Judge Bars Damages Experts' Opinions In Patent Infringement Suit

DETROIT - In a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Oct. 14 that damages experts failed to present a reliable methodology for a conjoint study to assist a jury in determining what portion of Garmin International Inc.'s profits could be attributed to the incremental value that the four patented features added to the overall value of the accused devices (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 142395).

Mealey's IP/Tech - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).

Mealey's Litigation Procedure - Judge Bars Employee From Testifying On Trademark Confusion In Trade Secrets Suit

PHILADELPHIA - In a misappropriation of trade secrets lawsuit, a company's employee in its marketing department is unqualified due to a lack of technical knowledge to testify on issues such as "branding, trademark confusion, customer reactions, business ethics, or trademark law," a Pennsylvania federal judge ruled Oct. 12, excluding the testimony (Alpha Pro Tech Inc. v. VWR International LLC, No. 12-1615, E.D. Pa.; 2016 U.S. Dist. LEXIS 141030).

Mealey's IP/Tech - Patent Board Won't Review Sony Patent, Rejects Invalidity Allegation

ALEXANDRIA, Va. - Allegations by several petitioners that a bi-directional communications system patent owned by Sony Corp. is invalid pursuant to 35 U.S. Code Section 103 were turned away Oct. 7 by the Patent Trial and Appeal Board (ARRIS International PLC, et al. v. Sony Corporation, No. IPR2016-00828, PTAB).

Mealey's Insurance - Extracontractual Monetary Damages Are Recoverable Under ERISA, Panel Says, Reverses

LOS ANGELES - A California appeals panel held Oct. 6 that monetary relief for extracontractual harm is legally recoverable under Section 502(a)(3) of the Employee Retirement Income Security Act, reversing a lower court's ruling that insurers have no duty to defend a managed care company against underlying lawsuits (Health Net, Inc. v. American International Specialty Lines Insurance Co., et al., No. B262716, Calif. App., 2nd Dist., Div. 3; 2016 Cal. App. Unpub. LEXIS 7296).

Mealey's Labor & Employment - 11th Circuit Orders Narrowing Of NLRB's Order Or More Fact Finding In Union Dispute

ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 3 enforced in part and denied enforcement in part of an order by the National Labor Relations Board (NLRB) regarding mixed-use areas in a Mercedes-Benz plant and the distribution of union literature and ordered the NLRB to narrow the scope of its order or conduct additional fact finding regarding the other areas it addressed in its remedy but were not thoroughly considered (Mercedes-Benz U.S. International, Inc. v. National Labor Relations Board, No. 15-10291, 11th Cir.; 2016 U.S. App. LEXIS 17775).

Mealey's Litigation Procedure - ICSID Panel Rejects Venezuela's Attempt To Disqualify Arbitrator

WASHINGTON, D.C. - Two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 3 released their decision to reject a third attempt by the Bolivarian Republic of Venezuela to disqualify an arbitrator, finding nothing to support a finding that he manifestly lacks the ability to be impartial in hearing the case (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).

Mealey's Litigation Procedure - ICSID Refuses To Annul Award Dismissing Claims Against Greece

WASHINGTON, D.C. - After finding no contradictory reasoning in an award that dismissed a Greek company and bank's investment-related claims against the Hellenic Republic for lack of jurisdiction, an ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 30 released a decision in which it refused to partially annul the award (Postova banka, a.s. and Istrokapital SE v. Hellenic Republic, No. ARB/13/8, ICSID).

Mealey's Insurance - Federal Judge: Fact Issues As To Material Breach Preclude Summary Judgment Ruling

PITTSBURGH - A Pennsylvania federal judge on Sept. 29 granted in part and denied in part dueling motions for summary judgment filed by a glass manufacturer insured, an insurer and a reinsurer in a coverage dispute over property damage and business interruption losses arising from the insured's equipment breakdown (The Hartford Steam Boiler Inspection and Insurance Co., et al. v. International Glass Products LLC, et al., No. 08-1564, W.D. Pa.; 2016 U.S. Dist. LEXIS 135045).

Mealey's Litigation Procedure - Judge Rules In Favor Of Turkish Investor, Denies Judgment For Kyrgyz

NEW YORK - After finding that an international tribunal has jurisdiction over an investment dispute related to a hotel and that the U.S. District Court for the Southern District of New York was the appropriate venue for enforcement proceedings, a New York federal judge on Oct. 3 granted judgment for a Turkish investor, finding that a $11,528,563 award, including costs and interest, should be confirmed (Sistem Muhendislik Insaat Ve Ticaret, A.S. v. The Kyrgyz Republic, No. 12-CV-4502, S.D. N.Y.; 2016 U.S. Dist. LEXIS 136905).

Mealey's Litigation Procedure - Judge Partially Bars Damages Testimony In Tempur-Pedic Misrepresentation Lawsuit

ST. PAUL, Minn. - A Minnesota federal judge on Sept. 28 excluded in part some testimony from damages experts and technical experts in a misrepresentation lawsuit between Select Comfort Corp. and Tempur Sealy International Inc., doing business as Tempur-Pedic (Select Comfort Corp. v. Tempur Sealy International Inc. d/b/a Tempur-Pedic and Mattress Firm Inc. d/b/a Mattress Firm, No. 13-2451, D. Minn.; 2016 U.S. Dist. LEXIS 133828).

Mealey's Litigation Procedure - Judge Rejected Argentina's Request To Set Aside $20M ICSID Award

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 30 found that an international tribunal was not biased and did not exceed its authority when it issued a $20,957,809 arbitral award in favor of a United Kingdom company, denying an application filed by the Republic of Argentina to set aside the award and granting the company's cross-petition to confirm (The Republic of Argentina v. AWG Group Ltd., No. 1:15-cv-01057, D. D.C.).

Mealey's IP/Tech - New Jersey Federal Judge Denies Relief In Air Freshener Patent Case

TRENTON, N.J. - A case involving claims of willful design patent infringement will proceed without a preliminary injunction in place, a New Jersey federal judge ruled Sept. 27 (Brandywine Product Group International v. Universal Distribution Center LLC, No. 16-2248, D. N.J.; 2016 U.S. Dist. LEXIS 132195).

Mealey's Litigation Procedure - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Litigation Procedure - International Tribunal For The Law Of The Sea Celebrates 20 Years

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 27 announced that it will host two events in celebration of its celebrate its 20th anniversary.

Mealey's Litigation Procedure - Romanian Agency Reverses $13.7M Tax Assessment, Gabriel Resources Reports

WASHINGTON, D.C. - A Canadian resource company on Sept. 27 said the Romanian National Agency for Fiscal Administration (ANAF) has reversed a tax assessment in which it sought $13.7 million in value added tax and penalties and announced updates in a related arbitration currently pending before the International Centre for Settlement of Investment Disputes (ICSID) (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania [ICSID Case No. ARB/15/31]).

Mealey's Toxic Tort/Environmental - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Litigation Procedure - ICC Amends Practice Note On Conduct Of International Arbitration

NEW YORK - The International Chamber of Commerce (ICC) on Sept. 22 said it has amended its practice note provided to parties and arbitral tribunals on the conduct of arbitration.

Mealey's IP/Tech - Trademark Counterclaim Survives Motion In New Jersey Federal Litigation

TRENTON, N.J. - Counterclaims of contributory copyright infringement were rejected Sept. 22 by a New Jersey federal judge as barred by the economic loss doctrine because the allegations giving rise to the counterclaim are not "separate and distinct" from a related breach of contract counterclaim (Air Express International d/b/a DHL Global Forwarding Corporation v. LOG-NET Inc., No. 12-1732, D. N.J.; 2016 U.S. Dist. LEXIS 129409).

Mealey's Toxic Tort/Environmental - 'Criminal Falsehoods' Warrant Flint, Mich., Lead Case Against State, Residents Say

DETROIT - A group of Michigan residents on Sept. 22 filed an omnibus response in a lawsuit regarding the lead water crisis in Flint, Mich., contending that although employees of the state have yet to be indicted for the lead water crisis in Flint, there are "more than enough questions of fact, internal contradictions, and criminal falsehoods" to warrant denial of their motion to dismiss (Melissa Mays, et al. v. Gov. Rick Snyder, et al., No. 15-14002, E.D. Mich.).

Mealey's Litigation Procedure - Judge: Court Lacks Jurisdiction Over Claims In Securities Suit

BATON ROUGE, La. - A federal judge in Louisiana dismissed claims against Grant Thornton International Ltd. (GTIL) in a securities lawsuit on Sept. 15, ruling that shareholders failed to show that a federal district court had either general or specific jurisdiction over the claims (Firefighters' Retirement System, et al. v. Citco Group Limited, et al., No. 13-373, M.D. La.; 2016 U.S. Dist. LEXIS 125991).

Mealey's Securities/D&O Liability - Judge: Court Lacks Jurisdiction Over Claims In Securities Suit

BATON ROUGE, La. - A federal judge in Louisiana dismissed claims against Grant Thornton International Ltd. (GTIL) in a securities lawsuit on Sept. 15, ruling that shareholders failed to show that a federal district court had either general or specific jurisdiction over the claims (Firefighters' Retirement System, et al. v. Citco Group Limited, et al., No. 13-373, M.D. La.; 2016 U.S. Dist. LEXIS 125991).

Mealey's Bankruptcy - Specialty Products, Bondex Get More Time To Resolve Tax Claims

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Sept. 16 gave reorganized Chapter 11 debtors Specialty Products Holding Corp. and affiliate Bondex International Inc. three more months to object to non-asbestos claims so the debtors can continue negotiating resolutions for several tax claims (In re: Specialty Products Holding Corp., et al., No. 10-11780, D. Del. Bkcy.).

Mealey's PI/Product Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Litigation Procedure - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).