LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ICSID Establishes Procedures For Discovery Case Filed Against Costa Rica

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 14 released its order in an arbitration commenced by a group of investors against the Republic of Costa Rica, establishing procedures for the production of documents in the case (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).

Mealey's IP/Tech - Federal Circuit Dismisses Appeal, Rejects Request For Corrected Construction

WASHINGTON, D.C. - A patent owner's efforts to have the Federal Circuit U.S. Court of Appeals correct a claim construction rendered by the Patent Trial and Appeal Board were unsuccessful on July 15, when the panel found that it lacks appellate jurisdiction (SkyHawke Technologies LLC v. Deca International Corp., Nos. 2016-1325, 2016-1326, Fed. Cir.; 2016 U.S. App. LEXIS 12977).

Mealey's Litigation Procedure - ICC Releases Revised Rules On Transparency For Awards Under Review

PARIS - The International Court of the International Chamber of Commerce (ICC) on July 13 issued a revised practice note, launching new steps for informing parties and arbitral tribunals on whether arbitration awards under review were approved.

Mealey's Litigation Procedure - Malaysian Development Firm Formally Responds To Request For LCIA Arbitration

LONDON - A Malaysian development firm named as a respondent in a case filed by a petroleum firm with the London Court of International Arbitration (LCIA) on July 11 said it has filed its formal response, agreeing to the request for arbitration.

Mealey's Litigation Procedure - Ford, Honeywell Seek To Mine W.R. Grace Claimant Data For Evidence Of Fraud

WILMINGTON, Del. - Ford Motor Co. on July 6 joined in a motion by Honeywell International Inc. seeking access to asbestos claimants' data in the Chapter 11 case of W.R. Grace & Co. to review the information for evidence of fraud in the tort system by asbestos plaintiffs and their attorneys (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).

Mealey's Bankruptcy - Specialty Products, Bondex Object To Asbestos Claims Against Reorganized Debtors

WILMINGTON, Del. - Reorganized Chapter 11 debtors Specialty Products Holding Corp. and affiliate Bondex International Inc. filed their first omnibus objection to asbestos personal injury claims July 6 in Delaware federal bankruptcy court, saying the claims are now the responsibility of the debtors' asbestos trust (In re: Specialty Products Holding Corp., et al., No. 10-11780, D. Del. Bkcy.).

Mealey's Bankruptcy - Ford, Honeywell Seek To Mine Asbestos Claimant Data For Evidence Of Fraud

WILMINGTON, Del. - Ford Motor Co. on July 6 joined in two motions filed in Delaware federal bankruptcy court by Honeywell International Inc. seeking access to asbestos claimants' data in the Chapter 11 cases of W.R. Grace & Co. and The Flintkote Co. to review the information for evidence of fraud in the tort system by asbestos plaintiffs and their attorneys (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.; In re: The Flintkote Co., No. 04-11300, D. Del. Bkcy.).

Mealey's Labor & Employment - California Federal Judge Denies TRO Against IRS For Pension Plan Levies

SAN DIEGO - A California federal judge on June 29 denied a motion for a temporary restraining order (TRO) sought to stop the Internal Revenue Service from tapping a pension plan to collect back taxes (Jim Nemlowill v. United States of America, No. 16CV1642, S.D. Calif.; 2016 U.S. Dist. LEXIS 84843).

Mealey's Litigation Procedure - Costa Rican Company Says It Will Challenge $32M Award For Del Monte

ALAJUELA, Costa Rica - A Costa Rican plantation owner on July 1 said that it will challenge a $32 million international arbitration award issued for a producer and distributor of fresh fruit and vegetables.

Mealey's PI/Product Liability - Texas Federal Judge Partially Grants, Denies Dismissal In Car Rollover Suit

SAN DIEGO - A federal judge in Texas on June 22 partially granted and partially denied two separate motions to dismiss from General Motors LLC and U-Haul International Inc. in a suit in which the surviving family members of a woman and her younger brother alleged that design defects in a car and a trailer caused their car to roll over, which led to their deaths (Maria Barragan, et al v. General Motors LLC, et al., No. SA-15-CV-854-DAE, W.D. Texas; 2016 U.S. Dist. LEXIS 80984).

Mealey's Labor & Employment - Dollar General To Face Claims In Tribal Court After Supreme Court Deadlocks

WASHINGTON, D.C. - The U.S. Supreme Court on June 23 affirmed by an equally divided court a Fifth Circuit U.S. Court of Appeals' finding that retailer Dollar General Corp. can be sued in tribal court by an Indian youth who says he was sexually molested by the manager of a Dollar General store on tribal land because the company consented to the tribe's jurisdiction by hiring the youth as an intern (Dollar General Corp., et al. v. The Mississippi Band of Choctaw Indians, et al., No. 13-1496, U.S. Sup.).

Mealey's Litigation Procedure - Owner Of Ship Building Group Files ICSID Case Against Hellenic Republic

BEIRUT - A co-owner of a ship building group on June 22 announced that he has commenced international arbitration against the Hellenic Republic (Greece), asserting claims for violation of a bilateral investment treaty.

Mealey's Litigation Procedure - Federal Judge Confirms Award For Alstom In Insurance Coverage Dispute

NEW YORK - After finding that a Brazilian insurer was bound by the terms of an arbitration clause contained in an agreement for the sale of power generation equipment, a New York federal judge on June 20 confirmed an award issued by the International Chamber of Commerce (ICC) in favor of two Brazilian companies (Alstom Brasil Energia E Transporte Ltda, et al. v. Mitsui Sumitomo Securos S.A., No. 15-8221, S.D. N.Y.; 2016 U.S. Dist. LEXIS 80151).

Mealey's Litigation Procedure - ICC Awards Del Monte $32 Million In Pineapple Sales Contract Dispute

CORAL GABLES, Fla. - A producer and distributor of fresh fruit and vegetables on June 20 announced that an international arbitral tribunal has awarded its subsidiary more than $32 million in a dispute over a pineapple sales' contract.

Mealey's IP/Tech - Government Invited To Weigh In On Dispute Over Patent Exhaustion Doctrine

WASHINGTON, D.C. - In its June 20 orders list, the U.S. Supreme Court called for the views of the Solicitor General in a patent case that poses the question of whether foreign sales exhaust a patent owner's right to sue, as well as whether patent owners can impose restrictions on the use of patented items to prevent an exhaustion of their rights (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).

Mealey's Banking & Finance - HSBC To Pay Record $1.5B Settlement To End Securities Class Action

SAN DIEGO - In what is being called a record recovery for shareholders, HSBC Finance Corp. has agreed to pay more than $1.5 billion to settle claims that its predecessor-in-interest, Household International Inc., and certain of its executive officers and directors issued a series of misrepresentations concealing Household's involvement in a predatory lending scheme in violation of federal securities laws, according to a press release issued by shareholder counsel June 16 (Lawrence E. Jaffe Pension Plan v. Household International, Inc., et al., No. 02-5893, N.D. Ill.).

Mealey's Securities/D&O Liability - HSBC To Pay Record $1.5B Settlement To End Securities Class Action

SAN DIEGO - In what is being called a record recovery for shareholders, HSBC Finance Corp. has agreed to pay more than $1.5 billion to settle claims that its predecessor-in-interest, Household International Inc., and certain of its executive officers and directors issued a series of misrepresentations concealing Household's involvement in a predatory lending scheme in violation of federal securities laws, according to a press release issued by shareholder counsel June 16 (Lawrence E. Jaffe Pension Plan v. Household International, Inc., et al., No. 02-5893, N.D. Ill.).

Mealey's Litigation Procedure - ICSID Establishes Application Of Transparency Rules In Investment Dispute

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 13 released a procedural order in an action filed by a Guernsey mining company against the Republic of Guinea, establishing a legal framework and rules in relation to transparency in the case (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).

Mealey's Litigation Procedure - ICSID Grants Kenya's Request To Hold Quantum Phase After Merits Decision

WASHINGTON, D.C. - After two U.K. companies and a mining entity failed to submit any expert evidence on the amount of their alleged damages, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 13 released its decision granting a request by the Republic of Kenya for a separate review of the quantum issue to be held after the merits phase of the case (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).

Mealey's Litigation Procedure - Energy Firm Seeks To Vacate PCA's Dismissal Of NAFTA Claims Against Canada

WASHINGTON, D.C. - A wind energy company on June 13 filed a petition in the U.S. District Court for the District of Columbia to vacate an international arbitration award in which a tribunal of the Permanent Court of Arbitration (PCA) dismissed all claims asserted by it against Canada in relation to alleged violations of the North American Free Trade Agreement (NAFTA) (Mesa Power Group LLC v. Government of Canada, No. 16-cv-1101, D. D.C.).

Mealey's Litigation Procedure - Judge Finds Tribunal Exceeded Authority, Refuses To Confirm $43.5M Award

WASHINGTON, D.C. - After finding that a tribunal exceeded its authority when it determined increased arbitrators' fees in an arbitration commenced by a company against the Republic of Guinea, a District of Columbia federal judge on June 9 refused to confirm an approximately $43.5 million award that was recently annulled by the Common Court of Justice and Arbitration (CCJA) (In the matter of the Arbitration of Certain Controversies Between Getma International and The Republic of Guinea, No. 14-1616, D. D.C.; 2015 U.S. Dist. LEXIS 148482).

Mealey's Litigation Procedure - ICSID Orders Petrobangla To Immediately Pay $25M Award For Resource Company

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 8 released a decision ordering a Bangladesh oil and gas company to immediately pay a $25,312,747 arbitration award, plus 139,988,337 Bangladesh Taka and interest, despite any contrary orders issued by the courts of Bangladesh (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).

Mealey's PI/Product Liability - Judge Orders Discovery Into Asbestos-Talc Defendants' Connection To North Carolina

GREENSBORO, N.C. - A federal judge denied two motions for summary judgment June 6 and ordered limited jurisdictional discovery into the asbestos-tainted talc defendants' connections with North Carolina and a third defendant (Merton Eric Branson v. American International Industries, et al., No. 15-73, M.D. N.C.; 2016 U.S. Dist. LEXIS 73855).

Mealey's Litigation Procedure - Judge Orders Discovery Into Asbestos-Talc Defendants' Connection To North Carolina

GREENSBORO, N.C. - A federal judge denied two motions for summary judgment June 6 and ordered limited jurisdictional discovery into the asbestos-tainted talc defendants' connections with North Carolina and a third defendant (Merton Eric Branson v. American International Industries, et al., No. 15-73, M.D. N.C.; 2016 U.S. Dist. LEXIS 73855).

Mealey's Toxic Tort/Environmental - Judge Orders Discovery Into Asbestos-Talc Defendants' Connection To North Carolina

GREENSBORO, N.C. - A federal judge denied two motions for summary judgment June 6 and ordered limited jurisdictional discovery into the asbestos-tainted talc defendants' connections with North Carolina and a third defendant (Merton Eric Branson v. American International Industries, et al., No. 15-73, M.D. N.C.; 2016 U.S. Dist. LEXIS 73855).