LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Grants Motion For Reconsideration In Directors, Officers Liability Dispute

PADUCAH, Ky. - Granting an insurer's motion for reconsideration, a Kentucky federal judge held March 25 that two underlying actions claiming that insureds participated in a scheme to improperly market international textbooks are not covered under the clear and unambiguous language of a business and management indemnity policy (C.A. Jones Management Group, et al. v. Scottsdale Indemnity Co., No. 5:13-CV-00173, W.D. Ky.; 2015 U.S. Dist. LEXIS 37575).

Mealey's IP/Tech - Judgment On The Pleadings Denied In Trademark Dispute

HARTFORD, Conn. - Allegations of trademark infringement and violations of the Anticybersquatting Consumer Protection Act (ACPA) levied in connection with typosquatting will proceed, a Connecticut federal judge ruled March 24 (Edible Arrangements LLC and Edible Arrangements International LLC v. Provide Commerce Inc., No. 14-250, D. Conn.; 2015 U.S. Dist. LEXIS 36322).

Mealey's Litigation Procedure - ICSID Allows PAHO To File Submission In Tobacco Dispute With Uruguay

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes on March 24 approved a request by the Pan American Health Organization (PAHO) for leave to file a written submission in a dispute between Philip Morris entities and the Oriental Republic of Uruguay over tobacco packaging and labeling (Philip Morris Brand Sarl [Switzerland], Philip Morris Products S.A. [Switzerland] and Abal Hermanos S.A. [Uruguay] v. Oriental Republic of Uruguay, No. ARB/10/7, ICSID).

Mealey's Labor & Employment - Judge Dismisses Union Members' Claims For Improper Double-Breasting

SAN FRANCISCO - A California federal judge on March 16 dismissed claims by union members against trustees of three union-side and management-side trusts for improper double-breasting except those based on collective bargaining agreement (CBA) circumvention and improper write-offs as pleaded against the management-side trustee defendants (David Slack, et al. v. International Union of Operating Engineers, et al., No. 13-5001, N.D. Calif.; 2015 U.S. Dist. LEXIS 32151).

Mealey's Labor & Employment - Fifth Third Is Not 'Game- Changer' In ERISA Securities Lending Case, Judge Rules

CHICAGO - Pension funds' claims that Bank of New York Mellon breached its fiduciary duties under the Employee Retirement Income Security Act by investing in notes issued by Lehman Brothers Holding Co. through its securities lending program are not precluded by the U.S. Supreme Court's ruling in Fifth Third Bancorp v. Dudenhoeffer (134 S.Ct. 2459 [2014]), a federal judge in Illinois ruled March 16 (The International Brotherhood of Teamsters Union Local No. 710 Pension Fund, et al. v. The Bank of New York Mellon Corporation, et al., No. 13 C 1844, N.D. Ill.; 2015 U.S. Dist. LEXIS 31682).

Mealey's Litigation Procedure - ITLOS To Release Advisory Opinion On Illegal Fishing Activities

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on March 12 announced that it will soon release its advisory opinion in relation to a request by the Sub-Regional Fisheries Commission (SRFC) on illegal and unreported fishing activities (In re Sub-Regional Fisheries Commission, No 21, ITLOS).

Mealey's Toxic Tort/Environmental - Connecticut Jury Returns Asbestos Defense Verdict For Rogers Corp.

BRIDGEPORT, Conn. - A Connecticut jury on March 12 found that an employer negligently released asbestos into the ambient air, exposing one of its employees, but that the exposure was not a substantial factor in his mesothelioma (Marsha Lagerberg, executor of the estate of Erick Lagerberg, et al. v. Armstrong International Inc., et al., No. CV 11-6023127S, Conn. Super., Fairfield at Bridgeport).

Mealey's Litigation Procedure - ICSID Tribunal Orders Venezuela To Pay $46.4M Award In BIT Case

WASHINGTON, D.C. - After finding that the Bolivarian Republic of Venezuela expropriated the rights of investors in a marine services company, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 13 issued an award, ordering it to pay the investors $46.4 million in compensation (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).

Mealey's Litigation Procedure - ICSID Awards Dutch Company $455 Million In Dispute With Venezuela

PERRYSBURG, Ohio - A glass container manufacturer on March 12 announced that an international arbitration tribunal has awarded its Dutch subsidiary more than $455 million in an investment dispute with Venezuela (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. ARB/11/25, ICSID).

Mealey's Litigation Procedure - ITLOS To Hold 1st Hearing In Dispute Between Ghana And Cote D'Ivoire

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on March 9 announced that the opening hearing in a dispute over the maritime boundary between Ghana and Cote d'Ivoire will be held later this month (Ghana v. Cote d'Ivoire, No. 23, ITLOS).

Mealey's Litigation Procedure - U.K. Energy Firm Files Notice Of Arbitration Against Indian Tax Department

EDINBURGH, Scotland - A United Kingdom energy firm on March 10 announced that it has filed a notice for international treaty arbitration in relation to a $1.6 billion Indian tax assessment.

Mealey's Antitrust/Unfair Competition - Mattress Firm May Label Market Research Materials Confidential, Magistrate Rules

SAN FRANCISCO - Granting in part a mattress manufacturer's motion to retain confidentiality in certain discovery materials in a consumer protection class action, a California federal magistrate judge on March 6 found that the firm had established that disclosure of certain marketing strategy materials would put it at a competitive disadvantage (Alvin Todd, et al. v. Tempur-Sealy International Inc., et al., No. 3:13-cv-04984, N.D. Calif.; 2015 U.S. Dist. LEXIS 27803).

Mealey's Litigation Procedure - Mattress Firm May Label Market Research Materials Confidential, Magistrate Rules

SAN FRANCISCO - Granting in part a mattress manufacturer's motion to retain confidentiality in certain discovery materials in a consumer protection class action, a California federal magistrate judge on March 6 found that the firm had established that disclosure of certain marketing strategy materials would put it at a competitive disadvantage (Alvin Todd, et al. v. Tempur-Sealy International Inc., et al., No. 3:13-cv-04984, N.D. Calif.; 2015 U.S. Dist. LEXIS 27803).

Mealey's IP/Tech - Illinois Federal Judge Denies Dismissal Of Patent Litigation

CHICAGO - Wendy's International Inc. will face allegations that it infringed a patented method for accessing electronic data, an Illinois federal judge ruled March 5 (Marshall Feature Recognition LLC v. Wendy's International Inc., No. 14-865, N.D. Ill.; 2015 U.S. Dist. LEXIS 26386).

Mealey's IP/Tech - 9th Circuit Reverses Preliminary Injunction In Trademark, Contract Case

SAN FRANCISCO - A dispute over jewelry designs was remanded to a California federal court on March 3 by the Ninth Circuit U.S. Court of Appeals, which found that the judge in the case abused his discretion in awarding a preliminary injunction (Philippe Charriol International Ltd. v. A'lor International Ltd., Nos. 13-56854, 14-55769, 9th Cir.; 2015 U.S. App. LEXIS 3355).

Mealey's Litigation Procedure - ICSID Discontinues Arbitration Between Energy Firms And Argentine Republic

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on March 2 issued an order granting a request to discontinue arbitration proceedings between several energy firms and the Argentine Republic (LG&E Energy Corp., et al. v. The Argentine Republic, No. No. ARB/02/1, ICSID).

Mealey's Litigation Procedure - PCA Issues $100 Million Award Against Mongolia Over Uranium Licenses

TORONTO - A Canadian resource company on March 2 announced that an international arbitration tribunal has awarded it $100 million in a dispute with the government of Mongolia over the cancellation of uranium licenses.

Mealey's Litigation Procedure - Federal Judge Confirms Canadian Award In Favor Of Franchise Operators

HONOLULU - After a company and its president failed to respond to a petition to confirm an international arbitration award, a Hawaii federal judge on Feb. 27 granted the petition and confirmed the award in favor of two franchise operators (YF Franchise LLC, et al. v. Jun Kil An, No. 14-00496, D. Hawaii; 2015 U.S. Dist. LEXIS 24355).

Mealey's Insurance - High Court Review Denied Of Prejudice Requirement To Deemed-Exhaustion Exception

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a 10th Circuit U.S. Court of Appeals ruling that even though a disability plan's summary plan description (SPD) did not comply with the notice and disclosure requirements of the Employee Retirement Income Security Act because it described only one level of internal review, a claimant's case was properly dismissed for failure to exhaust administrative remedies because she did not establish that the SPD's deficiencies caused her failure to pursue a second-level internal review (Lucrecia Caprio Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, No. 14-551, U.S. Sup.).

Mealey's Labor & Employment - High Court Review Denied Of Prejudice Requirement To Deemed-Exhaustion Exception

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 23 let stand a 10th Circuit U.S. Court of Appeals ruling that even though a disability plan's summary plan description (SPD) did not comply with the notice and disclosure requirements of the Employee Retirement Income Security Act because it described only one level of internal review, a claimant's case was properly dismissed for failure to exhaust administrative remedies because she did not establish that the SPD's deficiencies caused her failure to pursue a second-level internal review (Lucrecia Caprio Holmes v. Colorado Coalition for the Homeless Long Term Disability Plan, No. 14-551, U.S. Sup.).

Mealey's Litigation Procedure - ICSID Allows WHO To File Submissions In Tobacco Case

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 released its decision allowing the World Health Organization (WHO) and the WHO's Framework Convention on Tobacco Control (WHO FCTC, or FCTC) Secretariat to file submissions in a dispute between Philip Morris entities and the Oriental Republic of Uruguay (Philip Morris Brand Sarl [Switzerland], Philip Morris Products S.A. [Switzerland] and Abal Hermanos S.A. [Uruguay] v. Oriental Republic of Uruguay, No. ARB/10/7, ICSID).

Mealey's IP/Tech - Trademark Dispute Between New Balance, Converse Stayed

BOSTON - A Massachusetts federal judge on Feb. 18 granted a motion to stay by declaratory judgment defendant Converse Inc., pending resolution of a related action before the International Trade Commission (ITC) (New Balance Athletic Shoe Inc. v. Converse Inc., No. 14-14715, D. Mass.; 2015 U.S. Dist. LEXIS 19244).

Mealey's IP/Tech - Federal Circuit Affirms: Pacing Patent Not Infringed By Garmin

WASHINGTON, D.C. - A California federal judge properly determined that Garmin International Inc. and Garmin USA Inc. (Garmin, collectively) did not infringe various claims of a patented system and method for pacing repetitive motions, the Federal Circuit U.S. Court of Appeals held Feb. 18 (Pacing Technologies LLC v. Garmin International Inc. and Garmin USA Inc., No. 14-1396, Fed. Cir.; 2015 U.S. App. LEXIS 2393).

Mealey's Litigation Procedure - PCA Holds Hearing On Merits In Dispute Over Greenpeace Vessel Seizure

THE HAGUE, Netherlands - A tribunal for the Permanent Court of Arbitration on Feb. 18 announced that it held a hearing on jurisdiction and the merits of a dispute between the Kingdom of the Netherlands and the Russian Federation over the seizure of a vessel that was operating Greenpeace International and that an award will be issued after more deliberation (The Netherlands v. Russia, PCA).

Mealey's IP/Tech - Federal Circuit Affirms: Tariff Act Not Violated

WASHINGTON, D.C. - A final determination by the U.S. International Trade Commission (ITC) that five patents relating to code division multiple access (CDMA) networks were not infringed or invalid was proper, the Federal Circuit U.S. Court of Appeals ruled Feb. 18 (InterDigital Communications Inc. v. United States International Trade Commission, No. 14-1176, Fed. Cir.).