LexisNexis® Legal Newsroom
Mealey's PI/Product Liability - Judge: Internal Hospital Record Doesn't Doom Asbestos-Lung Cancer Suit

PHILADELPHIA - A reference to asbestos in what appears to be an internal hospital document is not sufficient to put a couple on notice of a potential cause of his lung cancer, a federal judge in Pennsylvania held March 8 (Joseph Conneen and Kathleen Conneen v. Amatek Inc., et al., No. MDL 875, 15-1063, E.D. Pa., 2017 U.S. Dist. LEXIS 29787).

Mealey's Labor & Employment - 8th Circuit: Employee Fired After 6 Months Failed To Show Age Was The Reason

MINNEAPOLIS - A nontraditional student who was hired by the company where he interned shortly after graduating but was fired six months later failed to show that he was discriminated against due to his age, an Eighth Circuit U.S. Court of Appeals panel ruled March 1 (Thomas Nash v. Optomec, Inc., No. 16-2186, 8th Cir., 2017 U.S. App. LEXIS 3684).

Mealey's Toxic Tort/Environmental - Judge: Internal Hospital Record Doesn't Doom Asbestos-Lung Cancer Suit

PHILADELPHIA - A reference to asbestos in what appears to be an internal hospital document is not sufficient to put a couple on notice of a potential cause of his lung cancer, a federal judge in Pennsylvania held March 8 (Joseph Conneen and Kathleen Conneen v. Amatek Inc., et al., No. MDL 875, 15-1063, E.D. Pa., 2017 U.S. Dist. LEXIS 29787).

Mealey's Litigation Procedure - Connecticut Federal Judge Rules For, Against Honeywell In Medical Coverage Dispute

HARTFORD, Conn. - A Connecticut federal judge on Feb. 28 granted summary judgment in favor of Honeywell International Inc., finding that union employees who retired after the expiration of collective bargaining and related agreements that offered them lifetime medical coverage benefits are not contractually vested (David Kelly, et al. v. Honeywell International Inc., No. 3:16-cv-00543, D. Conn., 2017 U.S. Dist. LEXIS 28203).

Mealey's Litigation Procedure - Ohio Federal Judge Rules Honeywell Can't Cut Retiree Lifetime Health Benefits

DAYTON, Ohio - An Ohio federal judge on Feb. 28 found that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant and permanently enjoined the company from dropping the benefits for those who retired from the plant before June 1, 2012, and their eligible spouses and dependents (Barbara Fletcher, et al. v. Honeywell International Inc., No. 3:16-cv-302, S.D. Ohio, Western Div., 2017 U.S. Dist. LEXIS 28324).

Mealey's Insurance - Environmental Contamination Coverage Suits Consolidated In Indiana Federal Court

HAMMOND, Ind. - An Indiana federal magistrate judge on Feb. 27 granted an insured's motion to consolidate two coverage suits filed by insurers seeking declaratory relief and reimbursement of defense costs paid on behalf of the insured for an underlying environmental contamination action (Old Republic Insurance Co. v. Gary/Chicago International Airport Authority, No. 15-281, N.D. Ind.., 2017 U.S. Dist. LEXIS 27459).

Mealey's Litigation Procedure - Judge Finds Claims Could Relate To International Arbitration Agreement

BOSTON - A Massachusetts federal judge on Feb. 28 refused to dismiss an action filed by a United Arab Emirates (UAE) company, which is seeking payments related to a $62 million arbitral award, finding that the underlying claims could potentially be affected by an arbitration agreement (Cerner Middle East Limited v. Ahmed Saeed Mahmoud Al-Badie Al-Dhaheri, et al., No. 16-11984, D. Mass, 2017 U.S. Dist. LEXIS 27954).

Mealey's Litigation Procedure - ICSID Refuses To Stay Case Pending Court's Ruling On Petition To Vacate

WASHINGTON, D.C. - An arbitrator for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released a decision in which he refused a request filed by investors in a luxury development in Costa Rica to stay an arbitration pending the outcome of their petition in a U.S. federal court to set aside an award, finding that a stay of the arbitration would prejudice the Republic of Costa Rica (Aaron C. Berkowitz, et al. v. The Republic of Costa Rica, No. UNCT/13/2, ICSID).

Mealey's Labor & Employment - Connecticut Federal Judge Rules For, Against Honeywell In Medical Coverage Dispute

HARTFORD, Conn. - A Connecticut federal judge on Feb. 28 granted summary judgment in favor of Honeywell International Inc., finding that union employees who retired after the expiration of collective bargaining and related agreements that offered them lifetime medical coverage benefits are not contractually vested (David Kelly, et al. v. Honeywell International Inc., No. 3:16-cv-00543, D. Conn., 2017 U.S. Dist. LEXIS 28203).

Mealey's Labor & Employment - Ohio Federal Judge Rules Honeywell Can't Cut Retiree Lifetime Health Benefits

DAYTON, Ohio - An Ohio federal judge on Feb. 28 found that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant and permanently enjoined the company from dropping the benefits for those who retired from the plant before June 1, 2012, and their eligible spouses and dependents (Barbara Fletcher, et al. v. Honeywell International Inc., No. 3:16-cv-302, S.D. Ohio, Western Div., 2017 U.S. Dist. LEXIS 28324).

Mealey's Litigation Procedure - Ontario Court Enforces $22M Award Against Republic Of Kyrgyzstan

TORONTO - An energy firm on Feb. 28 announced that a Canadian court has recognized and enforced an arbitral award issued pursuant to the United Nations Commission on International Trade Law (UNCITRAL) against Republic of Kyrgyzstan.

Mealey's IP/Tech - Patent Board Grants Review Of Patented Orthodontic Aid

ALEXANDRIA, Va. - A Dentsply International Inc. patent covering an orthodontic aid or bracket will be the subject of an upcoming inter partes review, the Patent Trial and Appeal Board announced Feb. 27 (American Orthodontics Corp. v. Dentsply International Inc., No. IPR2016-01652, PTAB).

Mealey's Litigation Procedure - Vietnam International Arbitration Centre Releases New Rules

HANOI, Vietnam - The Vietnam International Arbitration Centre (VIAC) on Feb. 24 announced that it has officially released the VIAC Rules of Arbitration 2017.

Mealey's Litigation Procedure - ICSID Rejects Application To Suspend Investigation Of Witnesses In Uruguay

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 23 rejected a corporation's request for provisional measures in a case filed against the Oriental Republic of Uruguay, refusing to suspend or end a criminal investigation in Uruguay of two of its expert witnesses (Itabla Corp. v. Oriental Republic of Uruguay, No. ARB/16/9, ICSID).

Mealey's Litigation Procedure - California Federal Magistrate Denies Motion To Compel In Pokemon Copyright Case

SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon Company International Inc. v. Shopify Inc., No. 16-80272, N.D. Calif., 2017 U.S. Dist. LEXIS 24987).

Mealey's IP/Tech - Michigan Federal Judge Denies Relief, Dismisses False Advertising Case

DETROIT - A request for preliminary and permanent injunctive relief barring the host of a training program on tinnitus care from providing participants with a "Tinnitus Care Provider Certificate" upon completion of the program was rejected Feb. 21 by a Michigan federal judge, who found instead that the plaintiff lacks standing to levy claims of false advertising under Section 1125(a) of the Lanham Act (Academy of Doctors of Audiology v. International Hearing Society, No. 16-13839, E.D. Mich., 2017 U.S. Dist. LEXIS 23652).

Mealey's Litigation Procedure - ICSID Continues Stay Of Enforcement Of $48M Award Against Bolivia

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 22 released its decision to deny a request by two entities to lift a stay of enforcement of a $48,619,578 arbitral award issued in their favor, continuing the stay until pending annulment proceedings filed by the Plurinational State of Bolivia are concluded (Quiborax S.A., et al. v. Plurinational State of Bolivia, ARB/06/02, ICSID).

Mealey's Litigation Procedure - Court Affirms Injury To Child Conviction, Finds Testimony On Head Trauma Reliable

AUSTIN, Texas - Expert testimony from three medical doctors on the subject of abusive head trauma was reliable, the Texas Court of Criminal Appeals ruled Feb. 15, upholding a woman's conviction in a bench trial for first-degree-felony injury to a child after an infant under her care sustained serious internal head injuries (Jennifer Banner Wolfe v. The States of Texas, No. PD-0292-15, Texas App., Crim., 2017 Tex. Crim. App. LEXIS 215).

Mealey's Toxic Tort/Environmental - Judge Finds Property Owner Can Pursue Cost-Recovery Claims, But Not Nuisance

DAYTON, Ohio - A federal judge in Ohio on Feb. 15 ruled that Garrett Day LLC and the Ohio Development Services Agency (DSA) can pursue claims for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Ohio Volunteer Action Program (VAP) but that they could not pursue a claim for common-law nuisance because they do not own land adjacent to the contamination (Garrett Day, LLC, et al. v. International Paper, Inc., et al., No. 15-cv-36, S.D. Ohio, 2017 U.S. Dist. LEXIS 21643).

Mealey's Litigation Procedure - Judge Dismisses Case Against UAE Company, Rejects Alter-Ego Theory

TACOMA, Wash.- A Washington federal judge on Feb. 14 granted a motion filed by a United Arab Emirates (UAE) company and another entity to dismiss claims related to an underlying dispute under a medical services software agreement, finding that removal of the case was proper because it related to an international arbitral award and that a plaintiff failed to prove its alter-ego theory (Cerner Middle East Limited v. Belbadi Enterprises LLC, et al., No. 16-5706, W.D. Wash., 2017 U.S. Dist. LEXIS 20828).

Mealey's Litigation Procedure - 10th Circuit: 'Extreme' Destruction Of Trade Secret Evidence Warrants Sanction

WASHINGTON, D.C. - The International Trade Commission (ITC) properly barred a Turkish company from importing products using opaque paint polymers into the United States for 25 years - the harshest sanction possible - as punishment for destroying computer evidence in violation of a discovery order in a misappropriation of trade secrets investigation, the Federal Circuit U.S. Court of Appeals held Feb. 15 (Organik Kimya San ve Tic, A.S., et al. v. International Trade Commission, et al., Nos. 15-1774, 15-1833, Fed. Cir., 2017 U.S. App. LEXIS 2623).

Mealey's Litigation Procedure - Judge: Claims Processor Must Not Contact Nuclear Waste Settlement Class Members

DENVER - A federal judge in Colorado on Feb. 14 ordered a third-party claims-processing company to cease communications with members of a settlement class in connection with a $375 million deal between residents and Dow Chemical Co. related to injuries suffered from exposure to nuclear waste (Merilyn Cook, et al. v. Rockwell International Corp., et al., No. 90-181, D. Colo.).

Mealey's Toxic Tort/Environmental - Judge: Claims Processor Must Not Contact Nuclear Waste Settlement Class Members

DENVER - A federal judge in Colorado on Feb. 14 ordered a third-party claims-processing company to cease communications with members of a settlement class in connection with a $375 million deal between residents and Dow Chemical Co. related to injuries suffered from exposure to nuclear waste (Merilyn Cook, et al. v. Rockwell International Corp., et al., No. 90-181, D. Colo.).

Mealey's Litigation Procedure - Judge Enforces $16.6M Award, Finds Morocco Was Not Primary Jurisdiction

WASHINGTON, D.C. - A District of Columbia federal judge on Feb. 10 granted a petition to confirm a $16,666,677 international arbitral award issued in a dispute over an agreement for a construction project, finding that the Kingdom of Morocco failed to show that it was the primary jurisdiction for the case (Salini Costruttori S.P.A. v. Kingdom of Morocco, No. 14-cv-2036, D.D.C.; 2017 U.S. Dist. LEXIS 19044).

Mealey's Litigation Procedure - ICSID Issues Order Terminating DR-CAFTA Claims Against Costa Rica

WASHINGTON, D.C. - After investors opted to not pursue any remaining claims against the Republic of Costa Rica in relation to their investments in a land development project, the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 10 issued an order terminating the case without prejudice (Spence International Investments, et al. v. Republic of Costa Rica, No. UNCT/13/2, ICSID).