LexisNexis® Legal Newsroom
Mealey's IP/Tech - Motion By Copyright Defendant Denied By New York Federal Judge

NEW YORK - A defendant's claim that it possessed a license to use three copyrighted images belonging to Playboy Enterprises International Inc. were met with skepticism March 8 by a New York federal judge, who denied a motion to dismiss case (Playboy Enterprises International Inc. v. Mediatakeout.com LLC, No. 15-7053, S.D. N.Y.; 2016 U.S. Dist. LEXIS 29249).

Mealey's Toxic Tort/Environmental - 8th Circuit: Man Not Entitled To New Trial In Popcorn Lung Injury Case

ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on March 4 affirmed a district court's decision and concluded that a new trial is not warranted in a personal injury case brought by a man who contends that his exposure to diacetyl from microwave popcorn resulted in his respiratory illness (David Stults, et al. v. International Flavors, Etc., et al., No. 14-3658, 8th Cir.; 2016 U.S. App. LEXIS 4181).

Mealey's PI/Product Liability - California Panel Affirms Admission Of 'Every Exposure' Testimony, Asbestos Verdict

LOS ANGELES - A California appeals court panel on March 3 found nothing "speculative or illogical" about "every exposure" testimony on which a $2 million asbestos verdict was built (Nickole Davis, as personal representative etc. v. Honeywell International Inc., No. B256793, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. LEXIS 169).

Mealey's Litigation Procedure - California Panel Affirms Admission Of 'Every Exposure' Testimony, Asbestos Verdict

LOS ANGELES - A California appeals court panel on March 3 found nothing "speculative or illogical" about "every exposure" testimony on which a $2 million asbestos verdict was built (Nickole Davis, as personal representative etc. v. Honeywell International Inc., No. B256793, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. LEXIS 169).

Mealey's Toxic Tort/Environmental - California Panel Affirms Admission Of 'Every Exposure' Testimony, Asbestos Verdict

LOS ANGELES - A California appeals court panel on March 3 found nothing "speculative or illogical" about "every exposure" testimony on which a $2 million asbestos verdict was built (Nickole Davis, as personal representative etc. v. Honeywell International Inc., No. B256793, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. LEXIS 169).

Mealey's Labor & Employment - 5th Circuit: Arbitration Plan Was Illusory, Employee May Proceed With Bias Claims

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on March 2 reversed the dismissal of a worker's bias claims and remanded, finding that the arbitration agreement cited by the employer in its defense was illusory (Michael Nelson v. Watch House International, L.L.C., No. 15-10531, 5th Cir.; 2016 U.S. App. LEXIS 3959).

Mealey's Toxic Tort/Environmental - Judge Finds Property Owner Failed To State CERCLA Claim, Allows Amendment

DAYTON, Ohio - A federal judge in Ohio on March 1 dismissed without prejudice claims from a property owner seeking cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for remediation of a former paper mill, ruling that the plaintiff failed to sufficiently allege that hazardous substances were disposed of on the property (Garrett Day LLC v. International Paper Inc., et al., No. 15-cv-36, S.D. Ohio; 2016 U.S. Dist. LEXIS 25494).

Mealey's Litigation Procedure - ICSID Committee Rejects Romania's Application To Annul Award For Investors

PARIS - A decision by an ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) was released March 4 in which it rejected an application filed by Romania to annul a $185,530,618 award that was issued in favor of several investors (Ioan Micula, et al. v. Romania, No. ARB/05/20, ICSID).

Mealey's Litigation Procedure - Gold Reserve Reaches Agreement With Venezuela To Satisfy ICSID Award

SPOKANE, Wash. - A mining company on Feb. 29 announced that it has reached a possible agreement with the Bolivarian Republic of Venezuela that will satisfy a $740 million award that was issued in its favor by the International Centre for Settlement of Investment Disputes (ICSID) and provides for the completion of a joint mining project.

Mealey's Litigation Procedure - ICSID Committee Partially Lifts Stay, Orders Venezuela To Pay $27.4 Million

WASHINGTON, D.C. - An ad hoc committee for the International Centre for Settlement of Investment Disputes (ICSID) on March 1 released its decision to partially lift a stay of enforcement of an award issued in favor of investors, lifting the stay in relation to an undisputed damages award of $27.4 million (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5 ICSID).

Mealey's Toxic Tort/Environmental - Insurer Owes Defense Costs For Underlying Asbestos Suits, Federal Judge Says

HARRISBURG, Pa. - An insurer is liable for an insured's defense and indemnification costs incurred as a result of underlying asbestos personal injury lawsuits filed against the insured, a Pennsylvania federal judge said Feb. 29 (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2016 U.S. Dist. LEXIS 24294).

Mealey's Insurance - Insurer Owes Defense Costs For Underlying Asbestos Suits, Federal Judge Says

HARRISBURG, Pa. - An insurer is liable for an insured's defense and indemnification costs incurred as a result of underlying asbestos personal injury lawsuits filed against the insured, a Pennsylvania federal judge said Feb. 29 (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2016 U.S. Dist. LEXIS 24294).

Mealey's IP/Tech - Trademark Dispute Over 'Marilyn' Hairbrush Remanded By 9th Circuit

SAN FRANCISCO - A California federal judge's dismissal with prejudice of an infringement action based upon his determination that a trademark assignment was invalid in gross was reversed and remanded Feb. 26 by the Ninth Circuit U.S. Court of Appeals (Nina Parkinson v. Robanda International Inc., No. 14-55028, 9th Cir.; 2016 U.S. App. LEXIS 3511).

Mealey's Litigation Procedure - Petroleum Company And Albania Agree To Hire Tax Expert, Suspend ICC Case

CALGARY, Alberta - A Canadian petroleum company on Feb. 24 announced that the Government of Albania has signed an agreement that will resolve a tax dispute and will end arbitration before the International Chamber of Commerce (ICC) International Court of Arbitration.

Mealey's Litigation Procedure - Judge Stays Petition To Confirm Pending Outcome Of Paris Case To Annul Award

NEW YORK - A New York federal judge on Feb. 23 granted an investment company's motion to stay a petition to confirm an international arbitration award pending the outcome of proceedings to annul the award currently being heard in Paris (Interdigital Communications Inc., et al. v. Huawei Investment & Holding Co. Ltd., et al., No. 15-cv-4485, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21848).

Mealey's Insurance - Judge Grants United States Stay Of Customs Bond Case Against Insolvent Insurer

NEW YORK - A judge for the U.S. Court of International Trade on Feb. 18 granted the federal government's motion to stay a number of cases against an insurer in liquidation, where the government seeks allegedly unpaid supplemental antidumping duties covered by bonds issued by the insolvent insurer (United States v. Lincoln General Insurance Company, Nos. 13-cv-00084, 13-cv-00085, 13-cv-00086, 13-cv-00087, 13-cv-00088, 13-cv-00089, 13-cv-00090, 13-cv-00091 and 13-cv-00092, U.S. Internat. Trade).

Mealey's IP/Tech - 9th Circuit Partly Reverses, Remands Dismissal Of Trademark Case

SAN FRANCISCO - In light of its intervening decision in La Quinta Worldwide LLC v. Q.R.T.M. S.A. de C.V. (762 F.3d 867, 873 [9th Cir. 2014]), the Ninth Circuit U.S. Court of Appeals on Feb. 19 found that it must reverse and remand a California federal judge's dismissal of trademark infringement allegations levied in connection with a ukulele (Gibson Brands Inc. v. Viacom International Inc. and John Hornby Skewes & Co. Ltd., No. 13-57050, 9th Cir.; 2016 U.S. App. LEXIS 2979).

Mealey's Labor & Employment - 1st Circuit Reverses: De Novo Review Needed For Denial Of Benefits

BOSTON - Although rejecting a plaintiff's claim that an insurer committed procedural violations during an internal review of a partial denial of benefits, the First Circuit U.S. Court of Appeals on Feb. 17 nonetheless reversed and remanded the dispute after finding that a Massachusetts federal judge applied the wrong standard of review (Stephanie C. v. Blue Cross Blue Shield of Massachusetts HMO Blue Inc., No. 15-1531, 1st Cir.; 2016 U.S. App. LEXIS 2693).

Mealey's Labor & Employment - Judge Refuses To Dismiss All Misconduct Claims Against Insurer In Coverage Dispute

CHICAGO - An Illinois federal judge on Feb. 12 held that although an insurer's failure to provide independent counsel in an underlying wrongful termination dispute does not constitute vexatious or unreasonable conduct, the insured's remaining allegations of misconduct by the insurer are sufficiently supported by the facts (DHR International, Inc. v. Travelers Casualty and Surety Company of America, No. 15 C 4880, N.D. Ill.; 2016 U.S. Dist. LEXIS 17719).

Mealey's Litigation Procedure - ICSID Establishes Timeline In Treaty Arbitration Commenced Against Kosovo

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 16 released its first procedural order in an arbitration commenced by a German entity against the Republic of Kosovo, establishing the procedural details of the case (ACP Axos Capital GmbH v. Republic of Kosovo, No. ARB/15/22, ICSID).

Mealey's Insurance - Judge Refuses To Dismiss All Misconduct Claims Against Insurer In Coverage Dispute

CHICAGO - An Illinois federal judge on Feb. 12 held that although an insurer's failure to provide independent counsel in an underlying wrongful termination dispute does not constitute vexatious or unreasonable conduct, the insured's remaining allegations of misconduct by the insurer are sufficiently supported by the facts (DHR International, Inc. v. Travelers Casualty and Surety Company of America, No. 15 C 4880, N.D. Ill.; 2016 U.S. Dist. LEXIS 17719).

Mealey's Antitrust/Unfair Competition - Court Affirms Order Lifting Stay Of Employee's Claims Against Remax

LOS ANGELES - After finding that an order lifting a stay of a case in which a former employee of a real estate company asserted claims for harassment and violation of California's unfair competition law (UCL) was not an appealable order, a California appellate court on Feb. 11 affirmed the decision (Amparo Gastelum v. Remax International, Inc., et al., No. B263213, Calif. App., 2nd Dist., Div. 5; 2016 Cal. App. LEXIS 101).

Mealey's Toxic Tort/Environmental - Judge Finds No Evidence To Show CERCLA Defendant Is Successor-In-Interest

DAYTON, Ohio - A federal judge in Ohio on Feb. 11 dismissed with prejudice claims seeking cost recovery and contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against BPM Paper Inc. (BPM Paper), ruling that the plaintiffs failed to show that the defendant company is the successor-in-interest to Badger Paper Mills Inc. and BPM Inc. (Garrett Day LLC v. International Paper Inc., et al., No. 15-cv-36, S.D. Ohio; 2016 U.S. Dist. LEXIS 17953).

Mealey's Litigation Procedure - English Court Dismisses Oil And Gas Entities' Appeal Of ICC Award

LONDON - An oil and gas exploration company on Feb. 16 announced that an English appeals court has dismissed its appeal of an arbitration award issued by the International Court of Arbitration of the International Chamber of Commerce (ICC) in relation to a share purchase agreement.

Mealey's Litigation Procedure - ICSID Orders Venezuela To Pay Investors $87.3M For Treaty Breaches

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 11 partially dismissed claims asserted by a Luxembourg company and a Portuguese company in relation to their investment in a Venezuelan entity but ordered that Venezuela pay them $87.3 million in damages for breaches of two underlying bilateral investment treaties (Tenaris S.A., et al. v. the Bolivarian Republic of Venezuela, No. ARB/11/26, ICSID).