LexisNexis® Legal Newsroom
Mealey's Bankruptcy - Trust, FCRs Dispute Changes To Rule 2019 Access For Honeywell, Ford

WILMINGTON, Del. - An asbestos personal injury trust and two representatives of future asbestos claimants on Dec. 15 asked a Delaware federal bankruptcy judge to reconsider or vacate an order allowing the release of asbestos trust claimant information to Honeywell International Inc. and Ford Motor Co. while eliminating a full review and redaction process for the information (In re W.R. Grace & Co., et al., No. 01-01139; In re Owens Corning, No. 00-3837; In re Armstrong World Industries, Inc., No. 00-4471; In re USG Corp., No. 01-2094; In re US Minerals Products Company, No. 01-2471; In re Kaiser Aluminum Corp., No. 02-10429; In re ACandS, Inc., No. 02-12687; In re Combustion Engineering, Inc., No. 03-10495; In re The Flintkote Company, No. 04-11300, D. Del. Bkcy.).

Mealey's Litigation Procedure - ICSID Issues Decision Granting Shipping Company's Request For Interest

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 13 issued its ruling granting a request by a shipping company and others to amend an award in an arbitration with the Republic of Guinea to account for interest (Getma International and others v. Republic of Guinea, No. ARB/11/29, ICSID).

Mealey's Insurance - New Jersey High Court Agrees To Review Allocation Ruling In Asbestos Coverage Dispute

TRENTON, N.J. - The New Jersey Supreme Court on Dec. 12 agreed to hear an appeal concerning whether New Jersey law applies to insurance allocation determinations in an asbestos coverage dispute and whether the insured has to share in those coverage allocations after excess coverage for the asbestos bodily injury claims was no longer available (Continental Insurance Co., et al. v. Honeywell International Inc., et al., No. A-21-16, N.J. Sup.).

Mealey's Litigation Procedure - Federal Magistrate Determines Memos, Emails Are Protected Under Work Product Doctrine

CHICAGO - An Illinois federal magistrate judge on Dec. 13 denied an insurer's motion to compel the production of unredacted documents and emails after determining that the documents and emails are protected under the work product doctrine because they were prepared in anticipation of litigation regarding coverage for the contamination of the insured's blood products (Baxter International Inc., v. AXA Versicherung, No. 11-cv-09131, N.D. Ill.; 2016 U.S. Dist. LEXIS 172234).

Mealey's Insurance - Federal Magistrate Determines Memos, Emails Are Protected Under Work Product Doctrine

CHICAGO - An Illinois federal magistrate judge on Dec. 13 denied an insurer's motion to compel the production of unredacted documents and emails after determining that the documents and emails are protected under the work product doctrine because they were prepared in anticipation of litigation regarding coverage for the contamination of the insured's blood products (Baxter International Inc., v. AXA Versicherung, No. 11-cv-09131, N.D. Ill.; 2016 U.S. Dist. LEXIS 172234).

Mealey's IP/Tech - Patent Board: Section 102(d) No Grounds For Instituting Inter Partes Review

ALEXANDRIA, Va. - A patent covering an apparatus for packing disposable objects, such as diapers, into a flexible tube will not be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board revealed Dec. 12 (Munchkin Inc. v. International Refills Company Ltd., No. IPR2016-01154, PTAB).

Mealey's Litigation Procedure - ICSID Allows NAFTA Claims Over Loans To Proceed Against Mexico

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 12 dismissed an objection filed by the United Mexican States to an arbitration filed against it by a lender, finding that questions regarding whether certain promissory notes and mortgages were investments under the North American Free Trade Agreement (NAFTA) required more review (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/12, ICSID).

Mealey's Litigation Procedure - Federal Judge Refuses To Vacate Award For Hong Kong Shipping Company

NEW YORK - A New York federal judge on Dec. 9 refused a Hong Kong commodity company's petition to vacate an arbitral award that was issued in favor of a Hong Kong seller of coking coal, finding that an arbitral panel did not exceed its authority in finding that the company wrongfully terminated an underlying contract for shipment (In the Matter of the Arbitration Between Kailuan [Hong Kong] International Co., Ltd. v. Sino East Minerals Ltd., No. 16-2160, S.D. N.Y.; 2016 U.S. Dist. LEXIS 170821).

Mealey's IP/Tech - Federal Circuit Partly Affirms, Vacates In Dispute Over Patented Power Chips

WASHINGTON, D.C. - Citing a Delaware federal judge's incorrect instruction to jurors regarding the law on inducement, the Federal Circuit U.S. Court of Appeals on Dec. 12 vacated a verdict of infringement of two patents (Power Integrations Inc. v. Fairchild Semiconductor International Inc., et al., Nos. 15-1329, -1388, Fed. Cir.; 2016 U.S. App. LEXIS 21975).

Mealey's Litigation Procedure - ICSID Grants Dismissal For Indonesia, Orders Mining Company To Pay $9.4M

WASHINGTON, D.C. - An English mining company on Dec. 7 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has granted an application filed by the Republic of Indonesia to dismiss arbitration claims asserted against it related to the revocation of mining licenses and has ordered it to pay $9.4 million in costs and fees (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).

Mealey's Litigation Procedure - ICSID Releases Caseload Statistics Focusing On South And East Asia

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Dec. 2 released new caseload statistics for south and east Asia and the Pacific (SEAP Region).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Plead Demand Futility In Home Depot Derivative Suit

ATLANTA - Dismissal of claims in a shareholder derivative lawsuit against The Home Depot Inc. and certain of its current and former executive officers and directors for their alleged role in failing to implement the necessary internal controls to prevent a payment card data breach is proper because the shareholders have not shown that demand was futile, a federal judge in Georgia ruled Nov. 30 (In re The Home Depot Inc. Shareholder Derivative Litigation, No. 15-2999, N.D. Ga.; 2016 U.S. Dist. LEXIS 164841).

Mealey's IP/Tech - Supreme Court Grants Certiorari, Will Review Patent Exhaustion Doctrine

WASHINGTON, D.C. - Acting on the recommendation of the U.S. solicitor general, the U.S. Supreme Court on Dec. 2 granted certiorari in a 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 Litigation Procedure - Damages Expert Barred From Opining On Certain Damages In Agreement Dispute, Judge Says

NEW YORK - A damages expert is excluded from testifying on a credit card company's damages for additional issuing and acquiring opportunities from a termination of a deal with MasterCard International Inc., a New York federal judge ruled Nov. 29, also granting summary judgment in part to MasterCard on a breach of contract claim (International Cards Company Ltd. v. MasterCard International Inc., No. 13-2576, S.D. N.Y.; 2016 U.S. Dist. LEXIS 165225).

Mealey's Litigation Procedure - ICSID Issues 1st Order In Treaty Dispute Over Mining Project Filed Against Romania

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 29 issued its first procedural order in an arbitration brought by a Canadian resource company against Romania over a gold and silver project, establishing the procedural rules of the case (Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania, No. ARB/15/31, ICSID).

Mealey's Litigation Procedure - ICSID Releases Order On Hearings In Costa Rican Development Arbitration

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 28 released a fifth procedural order in relation to the organization of upcoming hearings in an arbitration commenced by investors in a residential development project against the Republic of Costa Rica (David R. Aven, et al. v. The Republic of Costa Rica, No. UNCT/15/3, ICSID).

Mealey's Insurance - Federal Judge Dismisses Excess Insurer's Suit, Says Abstention Is Warranted

GULFPORT, Miss. - A Mississippi federal judge on Nov. 18 dismissed an excess insurer's suit against an additional insured's excess insurer after determining that the coverage question at issue in the federal suit is the same as the coverage question at issue in a pending state court case filed by the insured's primary insurer (Associated International Insurance Co. v. First Specialty Insurance Corp., No. 16-239, S.D. Miss.; 2016 U.S. Dist. LEXIS 160254).

Mealey's Litigation Procedure - Expert's Report On Bankrupt Company's Transfer Of Assets Creates Fact Issue, Judge Finds

CHICAGO - A valuation expert's estimation of an engineering consulting firm's assets creates a genuine dispute as to whether the firm possessed valuable goodwill that it transferred during bankruptcy to a manufacturing company, an Illinois federal judge ruled Nov. 17, denying summary judgment to the manufacturing company (David Leibowitz, Chapter 7 Trustee of McDonough Associates Inc. v. Bowman International Inc. f/k/a Bowman International LLC and Bowman Consulting Group Ltd., No. 15-3021, N.D. Ill.; 2016 U.S. Dist. LEXIS 159071).

Mealey's Litigation Procedure - Judge Dismisses Case Filed Over Iraqi Facility Project For Lack Of Standing

NEW YORK - A New York federal judge on Nov. 14 found that the owner of an Iraqi company that was contracted to build a vehicle maintenance facility in Iraq failed to show that he had standing to sue the International Centre for Dispute Resolution (ICDR) and a company in relation to an arbitral award dismissing his claims (Wameedh Al Azzawi v. International Centre for Dispute Resolution, et al., No. 16-548, S.D. N.Y.; 2016 U.S. Dist. LEXIS 157712).

Mealey's Litigation Procedure - ICSID Orders Renco And Peru To Pay Costs Of Treaty Arbitration

PARIS - After issuing a recent award in which it found that Renco Group Inc. failed to show that the Republic of Peru had agreed to arbitrate disputes under a treaty, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 11 released an award in which it ordered the parties to pay their owns costs of the case and half of ICSID's expenses (The Renco Group, Inc. v. Republic of Peru, No. [UNCT/13/1], ICSID).

Mealey's Litigation Procedure - Justice Enforces $74M Award Issued In Pipeline Dispute For ConocoPhillips

LONDON - An England and Wales justice on Nov. 10 granted an application filed by two gas companies to enforce a $74 million arbitration award that was issued in their favor by a tribunal in Singapore, rejecting an Indonesian entity's application to set aside the award under English arbitration law (PT Transportasi Gas Indonesia V. ConocoPhillips [Grissik] Ltd PetroChina International Jabung Ltd., No. [2016] EWHC 2834 [Comm], England and Wales High, Comm.).

Mealey's Litigation Procedure - ICSID Refuses To Reconsider Decision Ordering Immediate $25M Payment

WASHINGTON, D.C. - Tribunal members for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 14 released a decision refusing to reconsider a recent order in which a Bangladesh oil and gas company was ordered to immediately pay a $25,312,747 arbitration award, plus 139,988,337 Bangladesh Taka and interest (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).

Mealey's Litigation Procedure - Judge: Honeywell, Ford Can Use Asbestos Claimants' Data From 9 Bankruptcies

WILMINGTON, Del. - Honeywell International Inc. and Ford Motor Co. can access asbestos claimants' data in nine Chapter 11 cases, but only to investigate fraud in the claims process, and the information cannot be used for lobbying efforts, a Delaware federal bankruptcy judge held Nov. 8 (In re W.R. Grace & Co., et al., No. 01-01139; In re Owens Corning, No. 00-3837; In re Armstrong World Industries, Inc., No. 00-4471; In re USG Corp., No. 01-2094; In re US Minerals Products Company, No. 01-2471; In re Kaiser Aluminum Corp., No. 02-10429; In re ACandS, Inc., No. 02-12687; In re Combustion Engineering, Inc., No. 03-10495; In re The Flintkote Company, No. 04-11300, D. Del. Bkcy.).

Mealey's Bankruptcy - Judge: Honeywell, Ford Can Use Asbestos Claimants' Data From 9 Bankruptcies

WILMINGTON, Del. - Honeywell International Inc. and Ford Motor Co. can access asbestos claimants' data in nine Chapter 11 cases, but only to investigate fraud in the claims process, and the information cannot be used for lobbying efforts, a Delaware federal bankruptcy judge held Nov. 8 (In re W.R. Grace & Co., et al., No. 01-01139; In re Owens Corning, No. 00-3837; In re Armstrong World Industries, Inc., No. 00-4471; In re USG Corp., No. 01-2094; In re US Minerals Products Company, No. 01-2471; In re Kaiser Aluminum Corp., No. 02-10429; In re ACandS, Inc., No. 02-12687; In re Combustion Engineering, Inc., No. 03-10495; In re The Flintkote Company, No. 04-11300, D. Del. Bkcy.).

Mealey's Litigation Procedure - ICSID Releases New Review, Provides Commentary On Procedure Issues

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 announced that it has published a new issue of the ICSID Review.