LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Once Again Excludes 'Every Exposure' Testimony From Asbestos Trial

RALEIGH, N.C. - Material data sheets from two companies whose automotive parts allegedly exposed a man to asbestos are not a sufficient basis for an expert's causation testimony, a federal judge in North Carolina held Nov. 5 in affirming exclusion of the evidence (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.; 2015 U.S. Dist. LEXIS 150429).

Mealey's Toxic Tort/Environmental - Judge Once Again Excludes 'Every Exposure' Testimony From Asbestos Trial

RALEIGH, N.C. - Material data sheets from two companies whose automotive parts allegedly exposed a man to asbestos are not a sufficient basis for an expert's causation testimony, a federal judge in North Carolina held Nov. 5 in affirming exclusion of the evidence (Graham Yates and Becky Yates v. Ford Motor Co. and Honeywell International Inc., No. 12-752, E.D. N.C.; 2015 U.S. Dist. LEXIS 150429).

Mealey's IP/Tech - Dismissal Of Patent Case Against Apple, Others Affirmed By Federal Circuit

WASHINGTON, D.C. - A California federal judge properly dismissed allegations of patent infringement against Apple Inc., MusicMatch Inc. and Sony Network Entertainment International LLC on grounds of collateral estoppel, the Federal Circuit U.S. Court of Appeals ruled Nov. 5 (Ho Keung Tse v. Apple Inc. et al., No. 15-1639, Fed. Cir.).

Mealey's Insurance - Parties To International Retrocessional Reinsurance Nominate Umpire Candidates

NEW YORK - Parties to a retrocessional reinsurance dispute between a domestic reinsurer and a London market reinsurer presented arbitration umpire candidates to a federal court in New York on Nov. 3 (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).

Mealey's Litigation Procedure - ICSID To Hear Portugese Company's Treaty Claims Against Hungary

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 4 released a decision in an investment dispute filed by a Portuguese company against Hungary in relation to its investment in a company that supplied baked goods in Europe, finding that it has jurisdiction to hear the dispute (Dan Cake [Portugal] S.A. v. Hungary, No. ARB/12/9, ICSID).

Mealey's Litigation Procedure - ICC Awards Claimant $3.4 Million, Allows Respondents' Counterclaims

SUNNYVALE, Calif. - A California corporation on Nov. 4 announced that the International Chamber of Commerce (ICC) International Court of Arbitration has issued an interim award in an arbitration filed against it by a medical holding company, awarding the claimant $3.4 million in damages and granting some of the corporation's counterclaims.

Mealey's Litigation Procedure - Judge Excludes Testimony In Lawsuit Against Caterpillar For Breach Of Agreement

CHICAGO - In a breach-of-agreement lawsuit, an Illinois federal judge on Nov. 1 excluded testimony regarding a clean-room design, the termination of the supply agreement and the disclosure of trade secrets to third parties (Miller UK Ltd. and Miller International Ltd. v. Caterpillar, Inc., No. 10-03770, N.D. Ill.; 2015 U.S. Dist. LEXIS 147843).

Mealey's Litigation Procedure - Judge Stays Petition To Confirm, Pending Outcome Of Guinea's Annulment Case

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 3 granted an application filed by the Republic of Guinea to stay a petition to enforce an international arbitration award for 38.5 million euros issued in favor of a company hired to develop a Guinea port, pending the outcome of an application in a foreign court to annul the award (In the matter of the Arbitration of Certain Controversies Between Getma International and The Republic of Guinea, No. 14-1616, D. D.C.; 2015 U.S. Dist. LEXIS 148482).

Mealey's Litigation Procedure - ICSID Dismisses Investment Claims Against Oman, Awards $5.6 Million In Costs

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 3 dismissed all of an investor's claims asserted against the Sultanate of Oman, finding that Oman did not expropriate his investment in a limestone quarry operation (Adel A. Hamadi Al Tamimi v. Sultanate of Oman, No. ARB/11/33, ICSID).

Mealey's Litigation Procedure - London Court Of International Arbitration Releases Data On Costs And Duration

LONDON - The London Court of International Arbitration (LCIA) on Nov. 3 released its findings on the average cost and duration of its arbitrations.

Mealey's Litigation Procedure - ICSID Partially Annuls $1.7 Billion Award For Occidental Companies

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Nov. 2 partially upheld an application filed by the Republic of Ecuador to annul a $1,769,625,000 award that was issued in favor of two companies in a bilateral investment treaty dispute over an oil exploration and exploitation contract, reducing the amount of damages awarded to the company (Occidental Petroleum Corp., et al. v. The Republic of Ecuador, No. ARB/06/11, ICSID).

Mealey's Litigation Procedure - ICSID Issues Order On Confidential Documents In Case Against Peru

WASHINGTON, D.C. - The president of a tribunal for the International Centre for Settlement of Investment Disputes on Oct. 26 issued an order related to the designation of confidential documents in an arbitration commenced by a mining corporation against the Republic of Peru (Bear Creek Mining Corp. v. Republic of Peru, No. ARB/14/21, ICSID).

Mealey's Litigation Procedure - ICSID Rules On Discovery Requests Made By EuroGas And Slovak Republic

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 21 released an order in a dispute filed by Canadian resource and Swiss gas corporations against the Slovak Republic, partially granting each party's request for production of documents (EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic, ICSID Case No. ARB/14/14).

Mealey's Litigation Procedure - Reebok Hit With ADA Class Action Over Accessibility Of Website For Blind Users

NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).

Mealey's IP/Tech - Reebok Hit With ADA Class Action Over Accessibility Of Website For Blind Users

NEW YORK - A New York man on Oct. 14 filed a putative class action against Reebok International Ltd. in New York federal court, seeking to represent a nationwide class of visually impaired consumers that he says have been denied equal access to Reebok's website in violation of the Americans With Disabilities Act (ADA) (Jose Del-Orden v. Reebok International Ltd., No. 1:15-cv-08101, S.D. N.Y.).

Mealey's Litigation Procedure - ICSID Orders Bangladesh Oil And Gas Company To Pay $25 Million Award

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Oct. 14 ordered a Bangladesh oil and gas company to pay a $25,312,747 arbitration award issued in favor of a resource company into an escrow account, plus 139,988,337 Bangladesh Taka in satisfaction of the award (Niko Resources [Bangladesh] Ltd. v. People's Republic of Bangladesh, et al., Nos. ARB/10/11 and ARB/10/18, ICSID).

Mealey's Insurance - Pennsylvania Federal Judge Says Choice Of Law Ruling Will Not Be Changed

HARRISBURG, Pa. - A Pennsylvania federal judge on Oct. 13 denied an insurer's motion for reconsideration, determining that the addition to the record of a portion of the insurer's affidavit does not change the conclusion that Pennsylvania law, not New York law, governs the insured's lawsuit seeking coverage for underlying asbestos liabilities (York International Corp. v. Liberty Mutual Insurance Co., No. 10-0692, M.D. Pa.; 2015 U.S. Dist. LEXIS 138927).

Mealey's Litigation Procedure - ICSID Issues Order On Transparency In Investment Dispute Filed Against Guinea

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes on Oct. 12 released an order in which it found that the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency will apply to an arbitration commenced by a Guernsey mining company against the Republic of Guinea, with the exception of certain amendments (BSG Resources Limited v. Republic of Guinea, No. ARB/14/22, ICSID).

Mealey's IP/Tech - Judgment On The Pleadings Denied In Tennessee Trade Dress Case

MEMPHIS, Tenn. - A Lanham Act dispute over cable ties with an oval-head design will proceed in Tennessee federal court, a federal judge ruled Oct. 13 (Thomas & Betts International LLC, et al. v. Burndy LLC, No. 14-2296, W.D. Tenn.).

Mealey's IP/Tech - Illinois Federal Judge Dismisses Claims Of Patent Fraud

CHICAGO - Allegations that the predecessor-in-interest for two declaratory judgment defendants committed fraud before the U.S. Patent and Trademark Office (PTO) in procuring patents for an automated card shuffler were rejected on jurisdictional grounds Oct. 9 by an Illinois federal judge (Shuffle Tech International LLC, et al. v. Bally Technologies Inc., et al., No. 15-3702, N.D. Ill.; 2015 U.S. Dist. LEXIS 138741).

Mealey's Insurance - Abstention Is Improper, Judge Says In Coverage Suit Over Alleged Fraud Scheme

GULFPORT, Miss. - A Mississippi federal judge on Oct. 7 denied a hospital's motion to dismiss a directors, officers and private company liability insurer's declaratory judgment lawsuit, finding that abstention is improper (AmTrust International Underwriters Ltd. v. Kingsbridge Holdings LLC, et al., No. 15-184, S.D. Miss.; 2015 U.S. Dist. LEXIS 136852).

Mealey's Litigation Procedure - Ohio Federal Judge: Photographs In Copyright Case Are Confidential

CLEVELAND - Finding no error in an Ohio federal magistrate judge's decision to grant a copyright infringement plaintiff's request to designate certain inspection photographs as "confidential," U.S. Judge Christopher A. Boyko of the Northern District of Ohio affirmed Oct. 5 (K&M International Inc. v. NDY Toy LLC, et al., No. 13-771, N.D. Ohio; 2015 U.S. Dist. LEXIS 135498).

Mealey's Litigation Procedure - HKIAC Receives High Rankings In International Arbitration Survey

HONG KONG - The Hong Kong International Arbitration Centre (HKIAC) on Oct. 7 announced that it has been ranked as the most preferred arbitral institution outside of Europe.

Mealey's IP/Tech - Ohio Federal Judge: Photographs In Copyright Case Are Confidential

CLEVELAND - Finding no error in an Ohio federal magistrate judge's decision to grant a copyright infringement plaintiff's request to designate certain inspection photographs as "confidential," U.S. Judge Christopher A. Boyko of the Northern District of Ohio affirmed Oct. 5 (K&M International Inc. v. NDY Toy LLC, et al., No. 13-771, N.D. Ohio; 2015 U.S. Dist. LEXIS 135498).

Mealey's Litigation Procedure - Investor States Sign UNCITRAL Convention On Transparency In Arbitration

VIENNA, Austria - The United Nations Commission on International Trade Law (UNCITRAL) on Oct. 6 announced that the Republic of Congo, Gabon and Madagascar have signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (Mauritius Convention on Transparency).