LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Partial Disclosure Of Papa John's Consultant's Data Ordered In Drivers' Wage Suit

NEW YORK - Papa John's must turn over documents, except those protected by the attorney-client privilege, from a consultant hired, in part, to analyze alternative approaches to reimbursement of delivery driver vehicle expenses in a class complaint brought by drivers seeking compensation for under-reimbursed deliveries, a New York federal judge ordered Jan. 24 (William Durling, et al. v. Papa John's International, Inc., No. 16-3592, S.D. N.Y., 2018 U.S. Dist. LEXIS 11584).

Mealey's Labor & Employment- Arbitration Award In Favor Of Retirees Affirmed; Coverage Must Be Reinstated

DETROIT - In two opinions issued Jan. 16, a Michigan federal judge affirmed an arbitration award entered in favor of retirees who alleged that the termination of their health care benefits was a breach of a collective bargaining agreement (TRW Automotive U.S. LLC v. International Union et al., No. 13-12160, E.D. Mich., 2018 U.S. Dist. LEXIS 6468; International Union et al., v. TRW Automotive U.S. LLC, No. 11-14630, E.D. Mich., 2018 U.S. Dist. LEXIS 6483).

Mealey's Litigation Procedure - Parties Settle Dispute Over $18M ICC Award Issued Over Tunnel Excavation Claims

MIAMI - A Florida federal judge on Jan. 12 granted a joint motion to dismiss a petition to vacate and a cross-petition to confirm a $18,068,685 international arbitral award issued in a dispute over a contract for the excavation of tunnels as part of a project for the construction of a hydroelectric plant in Guatemala (Cobra Infraestructuras Hidraulicas S.A. v. Societa Esecuzione Lavori Idraulici, S.p.A., et al., No. 17-23664, S.D. Fla.).

Mealey's IP/Tech - Federal Circuit Affirms Denial Of Fees In Honeywell Patent Dispute

WASHINGTON, D.C. - A Delaware federal judge did not err in determining that allegations of infringement of a patent later deemed invalid for violating Section 102 of the Patent Act, 35 U.S.C. 102, were not exceptional, the Federal Circuit U.S. Court of Appeals affirmed Jan. 11 (Honeywell International Inc. v. FujiFilm Corporation, et al., Nos. 2017-1070, -1073, Fed. Cir., 2018 U.S. App. LEXIS 684).

Mealey's Insurance - Professional Services Exclusion Does Not Bar Coverage, Federal Judge Rules

SAN JOSE, Calif. - Ruling on dueling summary judgment motions in an insurer's lawsuit seeking equitable contribution from a second insurer, a California federal judge on Jan. 9 found that two underlying lawsuits against Narconon International and its affiliates triggered commercial general liability and improper sexual conduct coverage and, therefore, the second insurer also has a duty to defend (Western World Insurance Company v. Nonprofits Insurance Alliance of California, No. 14-04466, N.D. Calif., 2018 U.S. Dist. LEXIS 4720).

Mealey's PI/Product Liability - Endo Pharmaceuticals Parent Says It Got Grand Jury Subpoena For Oxymorphone

DUBLIN, Ireland - Endo International plc on Jan. 11 announced that subsidiary Endo Pharmaceuticals Inc. has received a grand jury subpoena from the U.S. attorney for the Southern District of Florida for documents and information about the company's oxymorphone products.

Mealey's Litigation Procedure - ICC Awards Singapore Oil Exploration Company $1.95M

SINGAPORE - A Singapore exploration and production oil company on Jan. 9 announced that an international tribunal has awarded it a total of $1.95 million in an arbitration for unpaid services.

Mealey's Litigation Procedure - ICSID Rejects Panama's Jurisdictional Objections To Trademark Infringement Case

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investments Disputes (ICSID) on Jan. 4 dismissed the majority of objections to jurisdiction submitted by the Republic of Panama, allowing claims for trademark infringement in relation to investments allegedly made under a trade promotion agreement in Panama (Bridgestone Licensing Services, Inc., et al. v. Republic of Panama, No. ARB/16/34, ICSID).

Mealey's Labor & Employment - DOL Clarifies Student Intern Wage Test Following 9th Circuit Ruling

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on Jan. 5 issued a clarification on interns and wages and, citing a recent decision on the issue by the Ninth Circuit U.S. Court of Appeals, stated that "going forward, the Department will conform to these appellate court rulings by using the same 'primary beneficiary' test that these courts use to determine whether interns are employees under the FLSA [Fair Labor Standards Act]."

Mealey's Litigation Procedure - Panel Finds Crystallex Did Not Allege Fraudulent Transfer Was Made By Debtor

PHILADELPHIA - In a majority ruling, the Third Circuit U.S. Court of Appeals on Jan. 3 reversed a district court's ruling in favor of a Canadian gold producer, who is seeking to obtain payment of a $1.20 billion arbitral award issued against Venezuela, finding that the company failed to plead that a fraudulent transfer was made by a debtor under Delaware law (Crystallex International Corp. v. Petroleos De Venezuela, S.A., Nos. Nos. 16-4012 & 17-1439, 3rd Cir., 2018 U.S. App. LEXIS 95).

Mealey's Litigation Procedure - $290M Settlement Reached In Related Valeant Insider Trading Suits

SANTA ANA, Calif. - Defendants in a pair of related securities class action lawsuits alleging an insider-trading and front-running scheme regarding pharmaceutical company Valeant Pharmaceuticals International Inc.'s attempt at a hostile takeover of Allergan Inc. will pay $290 million to settle the claims against them, according to a press release issued by Valeant on Dec. 29 (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif., and Timber Hill LLC v. Pershing Square Capital Management, No. 17-4776, C.D. Calif.).

Mealey's PI/Product Liability - $290M Settlement Reached In Related Valeant Insider Trading Suits

SANTA ANA, Calif. - Defendants in a pair of related securities class action lawsuits alleging an insider-trading and front-running scheme regarding pharmaceutical company Valeant Pharmaceuticals International Inc.'s attempt at a hostile takeover of Allergan Inc. will pay $290 million to settle the claims against them, according to a press release issued by Valeant on Dec. 29 (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif., and Timber Hill LLC v. Pershing Square Capital Management, No. 17-4776, C.D. Calif.).

Mealey's IP/Tech - Patent Board: Claims Of Medication Adjustment Method Are Unpatentable

ALEXANDRIA, Va. - In a final written decision issued Jan. 2, the Patent Trial and Appeal Board agreed with an inter partes review (IPR) petitioner that six claims of a method and apparatus for automatically adjusting patient medication levels would have been obvious to a person of skill in the art (CareFusion Corporation v. Baxter International Inc., No. IPR2016-01463, PTAB).

Mealey's Securities/D&O Liability - $290M Settlement Reached In Related Valeant Insider Trading Suits

SANTA ANA, Calif. - Defendants in a pair of related securities class action lawsuits alleging an insider-trading and front-running scheme regarding pharmaceutical company Valeant Pharmaceuticals International Inc.'s attempt at a hostile takeover of Allergan Inc. will pay $290 million to settle the claims against them, according to a press release issued by Valeant on Dec. 29 (Anthony Basile, et al. v. Valeant Pharmaceuticals International Inc., et al., No. 14-2004, C.D. Calif., and Timber Hill LLC v. Pershing Square Capital Management, No. 17-4776, C.D. Calif.).

Mealey's Litigation Procedure - ICSID Dismisses Investment Claims Against Timor-Leste For Lack Of Jurisdiction

WASHINGTON, D.C. - A tribunal for International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its ruling in a dispute related to investments for the sale and shipment of high-speed fuel to the Democratic Republic of Timor-Leste, dismissing the case for lack of jurisdiction (Lighthouse Corporation Pty Ltd., et al. v. the Democratic Republic of Timor-Leste, No. ARB/15/2, ICSID).

Mealey's Litigation Procedure - Judge Grants Venezuela's Request To Stay Petition To Confirm $491M ICSID Award

WASHINGTON, D.C. - A District of Columbia federal judge on Dec. 21 ordered that a Netherlands entity's petition to confirm a $491,081,701 international arbitration award be stayed, pending the outcome of a proceeding to annul the award commenced by the Bolivarian Republic of Venezuela (OI European Group B.V. v. Bolivarian Republic of Venezuela, No. 1:16-cv-01533, D. D.C.).

Mealey's Litigation Procedure - SIAC Proposes Cross- Institution Consolidation Of International Arbitrations

SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Dec. 19 announced it has proposed a cross-institution cooperation for the consolidation of international arbitration cases.

Mealey's Labor & Employment - Specialty Healthcare Overruled By NLRB In Union Representation Case

WASHINGTON, D.C. - A split National Labor Relations Board on Dec. 15 overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), clarified the standard to be used for determining whether a proposed bargaining unit constitutes an appropriate unit for collective bargaining and reinstated the community-of-interest standard as outlined in United Operations, Inc., 338 NLRB 123 (2002) (PCC Structurals, Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge W24, No. 19-RC-202188, NLRB).

Mealey's Litigation Procedure - International Fellowship Program Holds Middle East Conference

IRVINE, Calif. - JAMS announced that retired Judge Daniel Weinstein convened a group of fellows from the Weinstein JAMS International Fellowship Program at an inaugural Middle East conference on Dec. 14.

Mealey's Litigation Procedure - ICSID Discontinues Treaty Investment Arbitration Filed Against Turkmenistan

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 14 released its order granting a request by a Turkish company to discontinue an arbitration it commenced against Turkmenistan in relation to its investment in a shopping plaza project (Gorkem InSaat Sanayi ve Ticaret Limited Sirketi v. Turkmenistan, No. ARB/16/30, ICSID).

Mealey's Labor & Employment - Split NLRB Overrules DuPont In Decision On Duty To Bargain Changes

WASHINGTON, D.C. - The National Labor Relations Board, in a 3-2 decision issued Dec. 15, overruled E.I. du Pont de Nemours, 364 NLRB No. 113 (2016) (DuPont), calling the majority opinion "fundamentally flawed" and holding that an employer's modification of unit employee health care benefits following the expiration of a collective bargaining agreement (CBA) was simply a continuation of past practice and not a "change" requiring notice to the union and an opportunity to bargain (Raytheon Network Centric Systems and United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO, No. 25-CA-092145, NLRB).

Mealey's PI/Product Liability - 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 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).