LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Ohio Federal Judge: Testimony On Auto Shop Visits Keeps Asbestos Action Alive

CLEVELAND - A woman's testimony regarding her regular visits to a mechanic's garage to visit her fiance and the work she witnessed while there satisfies Ohio's standard of proof for asbestos cases, a federal judge held Dec. 13 (Julia C. Alexander, et al. v. Honeywell International Inc., et al., No. 17-504, N.D. Ohio, 2017 U.S. Dist. LEXIS 205053).

Mealey's IP/Tech - Copyright Plaintiff Partly Prevails In Dispute Over Streaming TV Content

MIAMI - A Florida federal judge on Dec. 11 entered summary judgment on behalf of a producer of Colombian television and its distributor, amid allegations that a defendant created a website to stream the plaintiffs' copyrighted content in the United States without permission (Caracol Television S.A., et al. v. TVmiaInternational Corp., et al., No. 16-23486, S.D. Fla., 2017 U.S. Dist. LEXIS 204575).

Mealey's PI/Product Liability - Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit

MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 204027).

Mealey's Toxic Tort/Environmental - Group's Presuit Notification Was Sufficient In Suit Over Discharges, Judge Rules

SAN DIEGO - A federal judge in California on Dec. 8 refused to dismiss an environmental group's Clean Water Act lawsuit against the operator of a salvage yard, finding that the group's presuit notification was sufficient and that it adequately alleged that the defendant is failing to comply with its National Pollutant Discharge Elimination System (NPDES) permit for storm water discharges (Coastal Environmental Rights Foundation v. American Recycling International Inc., No. 17-cv-00425-BAS-JMA, S.D. Calif., 2017 U.S. Dist. LEXIS 202649).

Mealey's Litigation Procedure - Federal Magistrate Won't Reconsider Ruling On Counterclaims In Misfiring Suit

MIAMI - A Florida magistrate federal judge on Dec. 12 denied a request to reconsider his October ruling in which he re-designated counterclaims by a gun importer facing a class complaint alleging that its .357 revolvers are defective and can misfire as an affirmative defense and refused to strike it (Suzanne M. Bedwell, et al. v. Braztech International, L.C., No. 17-22335, S.D. Fla., 2017 U.S. Dist. LEXIS 204027).

Mealey's IP/Tech - Federal Circuit Affirms: Post-Alice, Patent Case Lacked Merit

WASHINGTON, D.C. - A decision by a patent plaintiff to press on with its allegations in the wake of Alice Corp. v. CLS Bank International, despite knowledge that its claims lacked merit, entitled a defendant in the action to an award of attorney fees, the Federal Circuit U.S. Court of Appeals ruled Dec. 8 (Inventor Holdings LLC v. Bed, Bath & Beyond Inc., No. 16-2442, Fed. Cir., 2017 U.S. App. LEXIS 24781).

Mealey's Litigation Procedure - Supreme Court Refuses To Hear Petition Challenging $48M ICC Award

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 denied a petition for writ of certiorari filed by a group of mining entities, which challenged the issuance of a $48,053,462 arbitral award by the International Chamber of Commerce's (ICC) International Court of Arbitration in favor of a group of Brazilian companies in a dispute related to the sale of pig iron (Amci Holdings Inc., et al. v. CBF Industria De Gusa S/A, et al., No. 17-481, U.S. Sup.).

Mealey's IP/Tech - Board Sides Partly With Petitioner In Covered Business Method Patent Review

ALEXANDRIA, Va. - The Patent Trial and Appeal Board in a Dec. 7 ruling deemed 32 claims of a method patent for "Click Based Trading with Intuitive Grid Display of Market Depth" unpatentable pursuant to Section 101 of the Patent Act, 35 U.S.C. 101 (IBG LLC, et al. v. Trading Technologies International Inc., No. CBM2016-00090, PTAB).

Mealey's Litigation Procedure - Judge Refuses To Compel ICC Arbitration Of Dispute Over Food Equipment Purchase

PORTLAND - After finding that a producer of dried fruit and a seller of food processing equipment never agreed to submit disputes in relation to the sale and purchase of equipment to international arbitration, an Oregon federal judge on Dec. 5 entered an order granting an injunction in favor of the producer and refusing to compel arbitration in Vienna (Meduri Farms Inc. v. DutchTecSource B.V., No. 3:17-cv-906, D. Ore., 2017 U.S. Dist. LEXIS 199793).

Mealey's Litigation Procedure - Judge: Any Evidence Of Insurer's Nonpayment Of Claims Is 'Irrelevant, Prejudicial'

MISSOULA, Mont. - On remand from the Ninth Circuit U.S. Court of Appeals, a Montana federal judge on Dec. 4 granted in part and denied in part a commercial general liability insurer's motions in limine in a coverage dispute over claims that a beauty school insured expelled students after they filed complaints of unprofessional conduct, sexual harassment, occupational health and safety, violations of internal policies and procedures, licensing rules and regulations and curriculum (Breanne Walden, et al. v. Maryland Casualty Co., No. 13-222, D. Mont., 2017 U.S. Dist. LEXIS 198973).

Mealey's Litigation Procedure - Ecuador To Pay ConocoPhillips $337M In Settlement Of ICSID Award

HOUSTON - ConocoPhillips on Dec. 4 announced that the Republic of Ecuador and its subsidiary reached an agreement in relation to the payment of an international arbitral award (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).

Mealey's Insurance - Judge: Any Evidence Of Insurer's Nonpayment Of Claims Is 'Irrelevant, Prejudicial'

MISSOULA, Mont. - On remand from the Ninth Circuit U.S. Court of Appeals, a Montana federal judge on Dec. 4 granted in part and denied in part a commercial general liability insurer's motions in limine in a coverage dispute over claims that a beauty school insured expelled students after they filed complaints of unprofessional conduct, sexual harassment, occupational health and safety, violations of internal policies and procedures, licensing rules and regulations and curriculum (Breanne Walden, et al. v. Maryland Casualty Co., No. 13-222, D. Mont., 2017 U.S. Dist. LEXIS 198973).

Mealey's Litigation Procedure - High Court Refuses To Review Enforcement Of $422M ICC Award

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari that sought review of a district court's order confirming a $422 million award international arbitral award issued in a patent infringement case (Dow Agrosciences LLC, et al. v. Bayer Cropscience NV, No. 17-372, U.S. Sup.).

Mealey's Litigation Procedure - Judge Stays Lawsuit Pending Decision In ICSID Arbitration Against Guinea

NEW YORK - A New York federal judge on Nov. 29 granted a motion filed by a group of nonprofit organizations to stay a case related to mining rights in Guinea, pending the outcome of an international arbitration case commenced by a group of resource companies against Guinea (BSG Resources [Guinea] Limited, et al. v. George Soros, et al., No. 17-2726, S.D. N.Y., 2017 U.S. Dist. LEXIS 196141).

Mealey's Securities/D&O Liability - Ruling In Securities Suit Conflicts With Supreme Court Precedent, Investor Says

RICHMOND, Va. - The lead plaintiff in a securities class action lawsuit against an energy provider and its CEO asked the Fourth Circuit U.S. Court of Appeals on Nov. 29 to rehear its appeal of a federal district court's dismissal of its amended complaint for failure to plead scienter, claiming that the panel's opinion affirming the lower court's ruling is in conflict with U.S. Supreme Court and Fourth Circuit precedent (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir.).

Mealey's Litigation Procedure - ICSID Orders Peru To Pay Mining Firm $24M For Trade Agreement Violations

WASHINGTON, D.C. - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 1 released its award in favor of a Canadian mining company for $24,223,775, plus interest, in damages for the expropriation of its mining investment in the Republic of Peru (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).

Mealey's Litigation Procedure - ICSID Revises Schedule In Laos Gaming Arbitration To Hear New Claims

SINGAPORE - After a recent decision in which a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) clarified that it will consider new claims asserted by a gaming industry investor regarding the nonrecognition of a Singapore arbitral award against a third party, the tribunal on Nov. 27 issued a revised time schedule and a new hearing date for all issues in the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF/16/2], ICSID).

Mealey's Insurance - Issues Of Fact Related To Roof Collapse Preclude Summary Judgment, Panel Majority Says

CLEVELAND - The majority of an Eighth District Ohio Court of Appeals panel on Nov. 22 determined that a trial court erred in granting an insurer's motion for summary judgment because genuine issues of material fact exist related to coverage under the policy's collapse provisions (Intergroup International Ltd. v. Cincinnati Insurance Cos., No. 105290, Ohio App., 8th Dist., Cuyahoga Co., 2017 Ohio App. LEXIS 5099).

Mealey's IP/Tech - Federal Circuit Affirms Delayed Motion To Amend Dooms Patent Complaint

WASHINGTON, D.C. - A Florida federal judge's decision to dismiss a patent infringement complaint without prejudice following a plaintiff's delayed efforts to add a co-inventor was upheld by the Federal Circuit U.S. Court of Appeals on Nov. 17 (Cobra International Inc. v. BCNY International Inc., et al., Nos. 16-2103, -2173, -2635, Fed. Cir., 2017 U.S. App. LEXIS 23133).

Mealey's Litigation Procedure - 4th Circuit Affirms Dismissal Of Securities Suit For Failure To Plead Scienter

RICHMOND, Va. - Shareholders in a securities class action lawsuit against an energy provider and its CEO have failed to show that the CEO acted with the requisite scienter in misrepresenting to investors that the company had secured a contract renewal with a large customer because they have not shown that he knew his statements were misleading at the time he made them, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 15 in affirming a federal judge's dismissal of the action (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir., 2017 U.S. App. LEXIS 22968).

Mealey's Litigation Procedure - Frontera Says It Will Soon Receive Full Payment Of $2.02M Arbitration Award

HOUSTON - A Texas oil and gas exploration and production company on Nov. 17 said that enforcement proceedings to confirm a $2,026,126.32 international arbitral award have been completed and that it will receive payment of the total award.

Mealey's Litigation Procedure - Federal Judge Confirms $2.1M ICC Award For Bulgarian Machine Company

OAKLAND, Calif. - A California federal judge on Nov. 14 granted a Bulgarian machine-building company's petition to confirm a $2,119,167.79 international arbitral award issued against a California company, finding that enforcement of the award was not against public policy (TMCO Ltd. v. Green Light Energy Solutions R&D Corp., No. 4:17-cv-00997, N.D. Calif., 2017 U.S. Dist. LEXIS 188362).

Mealey's Securities/D&O Liability - 4th Circuit Affirms Dismissal Of Securities Suit For Failure To Plead Scienter

RICHMOND, Va. - Shareholders in a securities class action lawsuit against an energy provider and its CEO have failed to show that the CEO acted with the requisite scienter in misrepresenting to investors that the company had secured a contract renewal with a large customer because they have not shown that he knew his statements were misleading at the time he made them, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 15 in affirming a federal judge's dismissal of the action (Maguire Financial LP, et al. v. PowerSecure International Inc., et al., No. 16-2163, 4th Cir., 2017 U.S. App. LEXIS 22968).

Mealey's Litigation Procedure - Panama, Investors Dispute Whether ICSID Should Uphold Expedited Objections

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Nov. 9 released post-hearing submissions filed by investors and the Republic of Panama in relation to Panama's expedited objections to the tribunal's jurisdiction over the case (Bridgestone Licensing Services, Inc., et al. v. Republic of Panama, No. ARB/16/34, ICSID).

Mealey's Litigation Procedure - U.K. Wafer Maker Says ICC Has Awarded It $39M For Breach Of Contract

ABINGDON, Oxfordshire - A United Kingdom maker of photovoltaic (PV) silicon wafers on Nov. 8 announced that the International Court of Arbitration for the International Chamber of Commerce (ICC) has awarded it $39,436,143.11 for breach of a contract in which a customer agreed to purchase wafers over a seven-year period.