RALEIGH, N.C. - While the defendants' briefs focused primarily on "every exposure" testimony from one expert, this was sufficient to put asbestos plaintiffs on notice that the defendants intended to challenge similar testimony from a second expert, a federal judge in North Carolina held May 26 (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 67704).
SACRAMENTO, Calif. - A California federal judge on May 22 granted partial class certification in a lawsuit brought by California employees suing over the collection of union fees from non-union members (Kourosh Kenneth Hamidi, et al. v. Service Employees International Union Local 1000, et al., No. 14-319, E.D. Calif.; 2015 U.S. Dist. LEXIS 67419).
WASHINGTON, D.C. - After finding that two Chinese insurance companies' investment claims against the Kingdom of Belgium were related to a bilateral investment treaty that was not in effect at the time the dispute arose, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 26 found that it lacked jurisdiction over the case (Ping and Life Insurance Company of China Limited, et al., v. Kingdom of Belgium, No. ARB/12/29, ICSID).
DUBLIN, Ireland - An Irish energy company on May 26 announced that it will appeal to an English high court an international arbitration award in which a tribunal ordered it to pay 13 million pounds in damages.
SAN FRANCISCO - Allegations that various defendants infringed 24 copyrighted jewelry designs will proceed to trial, the Ninth Circuit U.S. Court of Appeals ruled May 22 (A'lor International Ltd. v. Tappers Fine Jewelry Inc., et al., No. 13-55816, 9th Cir.; 2015 U.S. App. LEXIS 8548).
NASHVILLE, Tenn. - After finding that the parties agreed to arbitration and that the claims in dispute must be decided by an arbitrator, a Tennessee federal judge on May 20 granted an Australian corporation's motion to compel arbitration under a marketing and license agreement (Vision Healthcare Systems [International] Pty, Ltd. v. Vision Software Technologies Inc., No. 3-15-0175, M.D. Tenn.; 2015 U.S. Dist. LEXIS 65924).
WASHINGTON, D.C. - The U.S. Supreme Court ruled in a unanimous opinion on May 18 that the Ninth Circuit U.S. Court of Appeals erred in holding that Employee Retirement Income Security Act Section 413(1) bars breach of fiduciary duty claims based on the fiduciaries' initial selection of plan investments without considering "the contours of the alleged breach of fiduciary duty" under trust law (Glenn Tibble, et al. v. Edison International, et al., No. 13-550, U.S. Sup.).
WASHINGTON, D.C. - A mining company on May 14 announced that it has raised 850,000 pounds to assist with the funding of international arbitration proceedings that are currently pending before the International Centre for Settlement of Investment Disputes (ICSID) against the Republic of Indonesia (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
NEW YORK - An Indian manufacturer of seamless tubes and other products on May 11 filed a petition in a New York federal court to confirm a $2,705,093 arbitration award, plus costs and interest, that was issued in its favor by the International Chamber of Commerce (ICC) International Court of Arbitration (ISMT Limited v. Fremak Industries Inc., No. 15-3652, S.D. N.Y.).
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.).
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).
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).
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).
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).
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).
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).