WEST PALM BEACH, Fla. - A trial judge did not abuse her discretion in excluding a plaintiff's causation testimony in a products liability lawsuit, a Florida appeals panel affirmed June 1 (Simona Bunin v. Matrixx Initiatives, Inc. f/k/a Gumtech International, Inc., et al., Nos. 4D14-3579 & 4D15-86, Fla. App., 4th Dist.; 2016 Fla. App. LEXIS 8353).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on June 1 released its award in an arbitration commenced by a Florida company against the Dominican Republic under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), finding that the case was time-barred and that the claimant failed to satisfy the conditions of DR-CAFTA (Corona Materials LLC v. Dominican Republic, No. ARB[AF]/14/3, ICSID).
CLEVELAND - A court erred in granting a directed verdict on a punitive damage claim but properly admitted expert testimony that the defendant improperly construed as suggesting that "every exposure" to asbestos leads to mesothelioma, an Ohio appeals court held May 26 in affirming a $20 million verdict (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 103377, Ohio App., 8th Dist.).
WASHINGTON, D.C. - A District of Columbia federal judge on May 25 refused to strike an expert report regarding completion-related construction costs that was filed in support of insurers' defense that a subcontractor's request for payment under a bond should be reduced by earlier made payments (Paige International, Inc. v. XL Specialty Insurance Co., et al., No. 14-1244, D. D.C.; 2016 U.S. Dist. LEXIS 68363).
NEW YORK - A Connecticut federal judge erroneously considered source confusion to be the only relevant type of confusion when assessing the merits of an infringement claim surrounding use of a certification mark, the Second Circuit U.S. Court of Appeals ruled May 18, reversing and remanding a grant of summary judgment (International Information Systems Security Certification Consortium Inc. v. Security University, et al., No. 14-3456, 2nd Cir.; 2016 U.S. App. LEXIS 9045).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 16 partially granted a request for provisional measures filed by the Republic of Estonia in an arbitration brought by two investors, ordering that the parties may publically speak about certain details of the case (United Utilities (Tallinn) B.V., et al. v. Republic of Estonia, No. ARB/14/24, ICSID).
COLUMBUS, Ohio - An Ohio federal judge on May 13 excluded a plaintiffs' opinion witness in a lawsuit alleging violations of the Fair Labor Standards Act (FLSA) because the witness's "knowledge, skill, experience, training, or education" does not qualify him to be an expert (Joseph Miller v. Food Concepts International, LP, et al., No. 13-00124, S.D. Ohio; 2016 U.S. Dist. LEXIS 63454).
ORLANDO, Fla. - An insured's expert may not testify on his regulatory or legislative experience regarding procurement of insurance, a Florida federal judge ruled May 11 (American K-9 Detection Services, Inc. and American K-9 Detection Services LLC v. Rutherford International, Inc. and Sara Payne, No. 14-1988, M.D. Fla.; 2016 U.S. Dist. LEXIS 62279).
WILMINGTON, Del. - A federal judge in Delaware on May 12 accepted a federal magistrate judge's report and recommendation in a shareholder derivative lawsuit and rejected a shareholder's objections to the report, ruling that it properly pleads the In re Caremark International Inc. Derivative Litigation "should have known" standard in stating that the shareholder failed to plead demand futility (KBC Asset Management NV v. Kevin J. McNamara, et al., No. 13-1854, D. Del.).
WILMINGTON, Del. - A federal jury in Delaware on May 12 found that Cisco Systems Inc. willfully infringed two patents related to network security and surveillance, awarding the plaintiff $23.7 million in "reasonable royalty" damages, while also deeming the patents in suit to be valid (SRI International Inc. v. Cisco Systems Inc., No. 1:13-cv-01534, D. Del.).
NEW YORK - Dismissal of claims in a securities class action lawsuit against Weight Watchers International Inc., certain of its former executive officers and others is proper because lead plaintiffs in the action failed to properly state a claim for relief in making their federal securities law claims, a federal judge in New York ruled May 11 (In re Weight Watchers International Inc. Securities Litigation, No. 14-1997, S.D. N.Y.; 2016 U.S. Dist. LEXIS 62456).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 10 announced that it will hold a hearing on jurisdiction and the merits in a case in which Eli Lilly & Co. assert that the government of Canada breached the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).
WASHINGTON, D.C. - Taking into consideration the submissions of two U.K. companies and a Kenyan mining entity and the Republic of Kenya, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 10 issued an order granting Kenya's request for a revised timetable for the case (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).
BRIDGEPORT, Conn. - A Connecticut judge on May 5 denied the requests of four gun makers, a gun store and its owner to stay discovery in a suit brought by survivors and surviving family members in the Sandy Hook Elementary School shooting because delaying discovery until even October would most likely delay the trial (Donna L. Soto, et al. v. Bushmaster Firearms International LLC, et al., No. FBT CV 15 6048103 S, Conn. Super., Fairfield Dist.).
SAN FRANCISCO - Because an insured suffered no "ultimate net loss" under an excess insurance policy and did not incur compensable property damage, the excess insurer did not breach its contract with the insured or its implied covenant of good faith and fair dealing by failing to cover an underlying settlement of claims arising out of a construction project, a California federal judge ruled May 2 (Thompson Pacific Construction, Inc. v. American International Group, Inc., et al., No. 15-01091, N.D. Calif.; 2016 U.S. Dist. LEXIS 58237).
LOS ANGELES - California's high court should accept review of a $2 million verdict in an asbestos case and firmly establish that testimony that any exposure to asbestos causes disease falls short of the state's causation standard, amici curiae argue in an April 29 brief (Nickole Davis, as personal representative, etc. v. Honeywell International Inc., No. S233753, Calif. Sup.).
NEW YORK - In an April 28 brief, several investors urge the Second Circuit U.S. Court of Appeals to uphold a New York federal court decision recognizing a $185,530,618 award issued in their favor by the International Centre for Settlement of Investment Disputes (ICSID) (Ioan Micula, et al. v. Government of Romania, No. 15-3109-cv, 2nd Cir.).
ALEXANDRIA, Va. - In a 46-page ruling issued April 28, the Patent Trial and Appeal Board (PTAB) indicated that it will review the patentability of an invention that claims repositioning of market information on a graphical user interface (GUI) and electronic trading (IBG LLC and Interactive Brokers LLC v. Trading Technologies International Inc., No. CBM2016-0009, PTAB).
NORFOLK, Va. - A Virginia federal judge on April 26 confirmed three arbitration awards totaling more than $16.5 million from the International Commercial Arbitration Court at The Chamber of Commerce and Industry of the Russian Federation (ICAC) (Research and Development Center "teploenergetika" v. EP International LLC, et al., No. 2:15-cv-362, E.D. Va.; 2016 U.S. Dist. LEXIS 55843).
WASHINGTON, D.C. - A Texas federal judge properly dismissed as moot a patent infringement action, despite the addition of newly added patent claims following re-examination by the Patent Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals ruled April 22 (Target Training International Ltd. v. Extended DISC North America Inc., Nos. 15-1873, -1908, Fed. Cir.; 2016 U.S. App. LEXIS 7292).