LexisNexis® Legal Newsroom
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.).

Mealey's Health Law - Washington Federal Judge: Supplier Not Entitled To Medicare Reimbursement

TACOMA, Wash. - Upon remand by the Ninth Circuit U.S. Court of Appeals, a Washington federal judge on Feb. 13 determined that the supplier of a piece of durable medical equipment used to treat osteoarthritis of the knee was not entitled to the benefits of any of Medicare's "limited liability" provisions (International Rehabilitative Sciences Inc. v. Sylvia M. Burwell, No. 08-5442, W.D. Wash.; 2015 U.S. Dist. LEXIS 18122).

Mealey's Litigation Procedure - Judge Refuses To Vacate $1.6 Billion Award, Stays Case Pending Application

NEW YORK - A New York federal judge on Feb. 13 refused to vacate a judgment that confirmed a $1.6 billion award issued against Venezuela and in favor of various ExxonMobil entities, but stayed the case pending a decision by the International Centre for Settlement of Investment Disputes (ICSID) on Venezuela's application to revise the award (Mobil Cerro Negro Ltd., et al. v. Bolivarian Republic of Venezuela, No. 14-8163, S.D. N.Y.; 2015 U.S. Dist. LEXIS 17919).

Mealey's Litigation Procedure - ICSID Refuses To Rule On Admissibility Of Jurisdictional Objection

WASHINGTON, D.C. - After determining that the disputed issues in an arbitration and in ongoing criminal proceedings in Romania are not related, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 13 released its decision denying a motion for summary decision on the admissibility of Romania's jurisdictional objection to arbitration (Hassan Awdi, Enterprise Business Consultants, Inc. and Alfa El Corporation v. Romania, No. ARB/10/13, ICSID).

Mealey's Litigation Procedure - Oil Exploration Company Files ICC Arbitration Against Kenyan Entity

NAIROBI, Kenya - An oil exploration company on Feb. 9 announced that its subsidiary has filed a request for international arbitration against a Kenyan entity over operation of an exploration block.

Mealey's Litigation Procedure - Dutch Firm Files ICC Arbitration Against Client Over Refinery Expansion

NIEUWEGEIN, Netherlands - A Dutch construction company on Feb. 9 announced that it has submitted a request for international arbitration against one of its clients, seeking more than $50 million in damages.

Mealey's Litigation Procedure - ICC Issues Award On Rights To Papua New Guinea Gas Fields

SINGAPORE - A Singapore oil and gas company on Feb. 10 announced that an international arbitration tribunal has issued an award dismissing claims in relation to rights over the development of a gas field in Papua New Guinea.

Mealey's Insurance - Louisiana Federal Judge Denies Motions To Reconsider In Legionnaire'sDisease Suit

NEW ORLEANS - Finding no manifest errors of law or newly discovered evidence in a prior ruling, a Louisiana federal judge on Feb. 4 denied several motions for reconsideration filed by parties to a lawsuit seeking insurance coverage for bodily injuries arising out of Legionnaire's disease (Angela Paternostro, et al. v. Choice Hotel International Services Corp., d/b/a Clarion Inn and Suites, et al., No. 13-0662, E.D. La.; 2015 U.S. Dist. LEXIS 14171).

Mealey's Litigation Procedure - Churchill Mining Hires New Counsel In ICSID Arbitration With Indonesia

WASHINGTON, D.C. - An English mining company on Feb. 3 announced that it has appointed new counsel to represent it in arbitration with the Republic of Indonesia, which is currently pending before the International Centre for Settlement of Investment Disputes (ICSID) (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

Mealey's PI/Product Liability - Judge Dismisses Without Prejudice Some Claims Over Allegedly Faulty Decking

TRENTON, N.J. - A federal judge in New Jersey on Jan. 30 dismissed without prejudice state law consumer protection claims brought by a putative class against the maker of Azek decking materials, finding that while they were pleaded with the required level of particularity, the plaintiffs need to provide specific information required by each state's law (In re: AZEK Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12-cv-06627, D. N.J.).

Mealey's Litigation Procedure - Mining Resource Company Files 1st ICSID Arbitration Against Swaziland

WASHINGTON, D.C. - Southern Africa Resources Limited (SARL) on Jan. 29 announced that it has filed a notice of arbitration with the International Centre for Settlement of Investment Disputes (ICSID) against the Kingdom of Swaziland.

Mealey's Litigation Procedure - Paris Court Recognizes $746 Million ICSID Award Against Venezuela

SPOKANE, Wash. - A gold mining company on Jan. 29 announced that a Paris appeals court has entered a judgment recognizing and enforcing a $746 million award issued in its favor and against the Bolivarian Republic of Venezuela by the International Centre for Settlement of Investment Disputes (ICSID).

Mealey's Litigation Procedure - Expert's Reliance On Other Settlements Excluded In Microsoft Office Suite Suit

SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).

Mealey's IP/Tech - Expert's Reliance On Other Settlements Excluded In Microsoft Office Suite Suit

SAN JOSE, Calif. - A patent damages expert presented by a software firm suing Microsoft Corp. over certain features in its Office Suite line of software may not rely on settlements the firm made in other patent suits, a California federal judge ruled Jan. 27, granting in part Microsoft's motion to exclude (Sentius International LLC v. Microsoft Corp., No. 5:13-cv-00825, N.D. Calif.; 2015 U.S. Dist. LEXIS 8782).

Mealey's Litigation Procedure - Delaware Court Orders Withdrawal Of ICSID Arbitration Against Venezuela

HOUSTON - In response to a Delaware court order barring it from pursuing arbitration, a natural resource company on Jan. 29 announced that its affiliates have withdrawn their request for arbitration with the International Centre for Settlement of Investment Disputes (ICSID) against the Bolivarian Republic of Venezuela.

Mealey's Litigation Procedure - ICSID Issues 1st Order In Mining-Related Dispute Filed Against Peru

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 27 issued its first order in a dispute between a Canadian mining corporation and the Republic of Peru, establishing the procedural timeline and rules that will govern the case (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).

Mealey's Insurance - Judge Dismisses Insured's Breach Of Contract Claim Against Umbrella Insurer

PORTLAND, Ore. - An Oregon federal judge on Jan. 27 dismissed an insured's breach of contract counterclaim against its umbrella insurer regarding coverage for an underlying construction defects case (Chartis Specialty Insurance Co. f/k/a American International Specialty Lines Insurance Co. v. American Contractors Insurance Company Risk Retention Group, et al., No. 13-01669, D. Ore.; 2015 U.S. Dist. LEXIS 8906).

Mealey's Litigation Procedure - Federal Judge Confirms $9 Million ICC Award In Aircraft Lease Dispute

NEW YORK - A New York federal judge on Jan. 26 granted an aircraft corporation's petition to confirm a $9,644,659 arbitration award issued under the rules of the International Chamber of Commerce (ICC), finding that no triable issue of fact exists (Cessna Finance Corp. v. Gulf Jet LLC, et al., No. 1:14-cv-2149, S.D. N.Y.; 2015 U.S. Dist. LEXIS 8623).

Mealey's Toxic Tort/Environmental - Insurers Have No Duty To Pay For Environmental Investigation, Panel Says

CHICAGO - The First District Illinois Appellate Court on Jan. 21 affirmed a trial court's ruling that insurers have no duty to indemnify an insured for environmental investigation costs because environmental investigation costs are not considered damages under Florida law (Premark International LLC v. Continental Casualty Co., et al., No. 1-13-2760, Ill. App., 1st Dist.; 3rd Div.; 2015 Ill. App. Unpub. LEXIS 93).

Mealey's Insurance - Insurers Have No Duty To Pay For Environmental Investigation, Panel Says

CHICAGO - The First District Illinois Appellate Court on Jan. 21 affirmed a trial court's ruling that insurers have no duty to indemnify an insured for environmental investigation costs because environmental investigation costs are not considered damages under Florida law (Premark International LLC v. Continental Casualty Co., et al., No. 1-13-2760, Ill. App., 1st Dist.; 3rd Div.; 2015 Ill. App. Unpub. LEXIS 93).

Mealey's Labor & Employment - U.S. Supreme Court: Ordinary Contract Law Must Be Applied To Benefits Dispute

WASHINGTON, D.C. - The Sixth Circuit U.S. Court of Appeals erred when it applied the reasoning of its earlier decision in International Union, United Auto, Aerospace & Agricultural Implement Workers of Am. v. Yard-Man, Inc. (716 F.2d 1476) to a dispute over the life of retiree health benefits, a unanimous U.S. Supreme Court ruled Jan. 26, siding with the employer, which argued in favor of applying the ordinary principles of contract law (M&G Polymers USA, LLC, et al. v. Hobert Freel Tackett, et al., No. 13-1010, U.S. Sup.; 2015 U.S. LEXIS 759).

Mealey's Litigation Procedure - ICSID Rejects Program's Request For Provisional Measures Against New Guinea

WASHINGTON, D.C. - After rejecting the majority of a development program's request for provisional measures, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 21 ordered that the Independent State of Papua New Guinea refrain from interfering with the program's management for the remainder of the arbitration (PNG Sustainable Development Program v. Independent State of Papua New Guinea, No. ARB/13/33, ICSID).

Mealey's Litigation Procedure - ICSID Constitutes Tribunal In Talc Deposit Arbitration Against Slovak Republic

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Jan. 20 officially constituted a tribunal to hear an arbitration dispute filed by Canadian resource and Swiss gas corporations against the Slovak Republic in relation to rights over a talc deposit (EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic, ICSID Case No. ARB/14/14).

Mealey's Litigation Procedure - ICSID Finds Argentina Is Liable To Pay Damages Over Toll Road Investment

PARIS - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 16 released its decision on liability in a dispute between a German company and the Argentine Republic, finding that Argentina breached its obligations under a bilateral investment treaty and that the company is entitled to damages (Hochtief AG v. The Argentine Republic, No. ARB/07/31, ICSID).