LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Auto, Brake Maker Urge Rejection Of Asbestos Experts' 'Every Exposure' Testimony

RALEIGH, N.C. - Regardless of the terms they couch it in, experts offer the incoherent, untestable and scientifically rejected opinion that every asbestos exposure substantially contributes to disease, an automaker and brake manufacturer told a North Carolina federal judge on May 8 (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.).

Mealey's PI/Product Liability - Federal Judge Largely Excludes Post-Exposure Evidence In Asbestos Case

RALEIGH, N.C. - Evidence of defendants' conduct after the dates of the last alleged exposure to asbestos from their products may be relevant for some limited purposes, a federal judge held May 11 in largely granting motions to exclude the evidence (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.; 2015 U.S. Dist. LEXIS 61291).

Mealey's Toxic Tort/Environmental - Federal Judge Largely Excludes Post-Exposure Evidence In Asbestos Case

RALEIGH, N.C. - Evidence of defendants' conduct after the dates of the last alleged exposure to asbestos from their products may be relevant for some limited purposes, a federal judge held May 11 in largely granting motions to exclude the evidence (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.; 2015 U.S. Dist. LEXIS 61291).

Mealey's IP/Tech - Federal Circuit: Domestic Inquiry Analysis By ITC Was Erroneous

WASHINGTON, D.C. - A determination by the U.S. International Trade Commission (ITC), made in the context of assessing underlying patent infringement allegations, that the domestic industry requirements of 19 U.S. Code Section 337 can be satisfied by qualitative factors alone was reversed May 11 by the Federal Circuit U.S. Court of Appeals (Lelo Inc., et al. v. International Trade Commission, et al., No. 13-1582, Fed. Cir.; 2015 U.S. App. LEXIS 7708).

Mealey's Litigation Procedure - ICSID Accepts New Guinea's Objection To Jurisdiction, Dismisses Case

WASHINGTON, D.C. - After finding that it lacked jurisdiction over a dispute commenced by a development group against the Independent State of Papua New Guinea over a copper and gold mine, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 8 released an award dismissing the case and concluding the arbitration (PNG Sustainable Development Program v. Independent State of Papua New Guinea, No. ARB/13/33, ICSID).

Mealey's PI/Product Liability - Justice Consolidates 8 Asbestos Cases Into 3 Trial Groups

NEW YORK - A New York justice divided eight cases into three consolidated trial groups, saying in an opinion posted May 5 that shared attorneys and disease trump differences in places or time periods of exposure (George R. Birrell and Ramona J. Birrell, et al. v. Aerco International Inc., et al., No. 190105/2013, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1471).

Mealey's PI/Product Liability - Locomotive Inspection Act Preempts Widow's Claims Involving Asbestos Brakes

RALEIGH, N.C. - The Locomotive Inspection Act (LIA) preempts a widow's claims that her husband developed mesothelioma after exposure to asbestos in a defendant's locomotive brakes, a federal judge in North Carolina held May 1 (Brenda Ricks, et al. v. Armstrong International Inc., et al., No. 14-37, E.D. N.C.; 2015 U.S. Dist. LEXIS 58054).

Mealey's Toxic Tort/Environmental - Locomotive Inspection Act Preempts Widow's Claims Involving Asbestos Brakes

RALEIGH, N.C. - The Locomotive Inspection Act (LIA) preempts a widow's claims that her husband developed mesothelioma after exposure to asbestos in a defendant's locomotive brakes, a federal judge in North Carolina held May 1 (Brenda Ricks, et al. v. Armstrong International Inc., et al., No. 14-37, E.D. N.C.; 2015 U.S. Dist. LEXIS 58054).

Mealey's Toxic Tort/Environmental - Justice Consolidates 8 Asbestos Cases Into 3 Trial Groups

NEW YORK - A New York justice divided eight cases into three consolidated trial groups, saying in an opinion posted May 5 that shared attorneys and disease trump differences in places or time periods of exposure (George R. Birrell and Ramona J. Birrell, et al. v. Aerco International Inc., et al., No. 190105/2013, N.Y. Sup., New York Co.; 2015 N.Y. Misc. LEXIS 1471).

Mealey's Insurance - Insurer Has No Duty To Indemnify Costs For Faulty Repairs, Panel Says

NEW ORLEANS - An insurer has no duty to indemnify an insured for $2 million arising out of an underlying lawsuit for faulty repairs on an oil rig, the Fifth Circuit U.S. Court of Appeals affirmed April 27, finding that the insured did not establish property damage under the policy (American Home Assurance Co. v. Oceaneering International Inc., No. 14-20222, 5th Cir.; 2015 U.S. App. LEXIS 6867).

Mealey's Litigation Procedure - ICC Issues Award, Finds Stock Purchase Agreement Is Void

WESTPORT, Conn. - An energy group on April 22 announced that an international tribunal has issued an award, finding that a stock purchase agreement is void.

Mealey's IP/Tech - Advertising Injury Coverage Not Triggered, Maryland Majority Says In Reversal

ANNAPOLIS, Md. - A majority of the Maryland Court of Appeals held April 21 that underlying claims against a light designer and manufacturer insured did not trigger the "advertising injury" coverage under two commercial general liability insurance policies because there was no causation between the injury suffered and the insured's advertisement activities (Maryland Casualty Co., et al. v. Blackstone International Ltd, et al., No. 51, September Term, 2014, Md. App.; 2015 Md. LEXIS 286).

Mealey's Litigation Procedure - ICSID Issues Order In Investment Dispute Over Property Rights In Costa Rica

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 21 released its first procedural order in a case filed by investors against the Republic of Costa Rica in relation to the alleged expropriation of beachfront property, establishing guidelines for the proceedings (Spence International Investments et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).

Mealey's Insurance - Advertising Injury Coverage Not Triggered, Maryland Majority Says In Reversal

ANNAPOLIS, Md. - A majority of the Maryland Court of Appeals held April 21 that underlying claims against a light designer and manufacturer insured did not trigger the "advertising injury" coverage under two commercial general liability insurance policies because there was no causation between the injury suffered and the insured's advertisement activities (Maryland Casualty Co., et al. v. Blackstone International Ltd, et al., No. 51, September Term, 2014, Md. App.; 2015 Md. LEXIS 286).

Mealey's Litigation Procedure - Logix Group Files Appeal Of ICC Award In Delhi High Court

ST MARTIN'S, Guernsey - A trust on April 21 announced that a company has filed an appeal of an international arbitration award with an India court.

Mealey's PI/Product Liability - New York Justice Finds Tile Maker Didn't Meet Summary Judgment Standard

NEW YORK - A tile company has not satisfied the prima facie standard for summary judgment, the recently appointed New York justice overseeing asbestos litigation in the city held in an opinion posted April 16 (Richard R. Lefrak v. Aerco International Inc., et al., No. 190033/14, N.Y. Sup., New York Co.).

Mealey's Toxic Tort/Environmental - New York Justice Finds Tile Maker Didn't Meet Summary Judgment Standard

NEW YORK - A tile company has not satisfied the prima facie standard for summary judgment, the recently appointed New York justice overseeing asbestos litigation in the city held in an opinion posted April 16 (Richard R. Lefrak v. Aerco International Inc., et al., No. 190033/14, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - Michigan Federal Judge Compels Discovery In Trademark Case

DETROIT - A defendant's motion to compel a trademark infringement plaintiff to produce sealed documents from related litigation against nonparty NVE Inc. was granted April 15 by a Michigan federal judge (International IP Holdings LLC v. Green Planet Inc., No. 13-13988, E.D. Mich.; 2015 U.S. Dist. LEXIS 49363).

Mealey's IP/Tech - Michigan Federal Judge Compels Discovery In Trademark Case

DETROIT - A defendant's motion to compel a trademark infringement plaintiff to produce sealed documents from related litigation against nonparty NVE Inc. was granted April 15 by a Michigan federal judge (International IP Holdings LLC v. Green Planet Inc., No. 13-13988, E.D. Mich.; 2015 U.S. Dist. LEXIS 49363).

Mealey's IP/Tech - Federal Circuit Grants Sua Sponte, En Banc Rehearing In Patent Case

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on April 14 announced that it will rehear en banc a dispute over the validity of a program for restricted sales of patented printer cartridges (Lexmark International Inc. v. Impression Products Inc., Nos. 14-1617, -1619, Fed. Cir.; 2015 U.S. App. LEXIS 6049).

Mealey's IP/Tech - Judge Dismisses UCL Claim From Suit Over Defective GPS Systems

SANTA ANA, Calif. - A federal judge in California on April 9 dismissed a state unfair competition law claim (UCL) from a dispute over a defect in a portable navigation device but allowed claims for breach of express warranty and breach of implied warranty to continue (TomTom International v. Broadcom Corp., No. 14-475, C.D. Calif.; 2015 U.S. Dist. LEXIS 47583).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL Claim From Suit Over Defective GPS Systems

SANTA ANA, Calif. - A federal judge in California on April 9 dismissed a state unfair competition law claim (UCL) from a dispute over a defect in a portable navigation device but allowed claims for breach of express warranty and breach of implied warranty to continue (TomTom International v. Broadcom Corp., No. 14-475, C.D. Calif.; 2015 U.S. Dist. LEXIS 47583).

Mealey's Litigation Procedure - ICSID Refuses To Amend Decision Allowing BIT Claims To Proceed Against Ecuador

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 13 released its decision to deny a motion filed by the Republic of Ecuador to amend a decision that upheld certain bilateral investment treaty claims against it (Perenco Ecuador Limited v. The Republic of Ecuador, et al., No. ARB/08/6, ICSID).

Mealey's Litigation Procedure - ICSID Dismisses Case Against Hellenic Republic For Lack Of Jurisdiction

WASHINGTON, D.C. - After finding that Greek government bonds allegedly held by a Slovak bank and a Greek company did not constitute an investment under bilateral investment treaties, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 13 released its decision finding that it lacked jurisdiction and dismissed a case filed against the Hellenic Republic (Postova banka, a.s. and Istrokapital SE v. Hellenic Republic, No. ARB/13/8, ICSID).

Mealey's Litigation Procedure - ICSID Orders Discovery Procedures In Mining Dispute With Indonesia

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on April 6 ruled on requests for document production submitted by a mining company and the Republic of Indonesia, establishing guidelines for discovery in the case (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).