LexisNexis® Legal Newsroom
Mealey's Insurance - Federal Magistrate Refuses To Alter Security Posted In Blood Contamination Suit

CHICAGO - An Illinois federal magistrate judge on Jan. 19 refused to alter the amount of security posted by an insurer in a suit seeking coverage for the contamination of the insured's blood products because altering the amount would involve resolving issues that must be resolved by a jury or federal judge (Baxter International Inc., v. AXA Versicherung, No. 11-cv-09131, N.D. Ill.; 2016 U.S. Dist. LEXIS 6223).

Mealey's IP/Tech - New York Federal Judge Dismisses Trademark, Unfair Competition Case

NEW YORK - Citing "unequivocal" evidence that a trademark infringement plaintiff does not own the trademarks it has asserted, a New York federal judge on Jan. 15 dismissed the action pursuant to Federal Rule of Civil Procedure 12(b)(6) (CCR International Inc. v. Elias Group LLC, et al., No. 15-6563, S.D. N.Y.; 2016 U.S. Dist. LEXIS 5476).

Mealey's Litigation Procedure - Ecuador Agrees To Pay Occidental $1 Billion In Satisfaction Of ICSID Award

HOUSTON - Occidental Petroleum Corp. on Jan. 19 announced that it has reached an agreement for the payment of an arbitration award that was issued by the International Centre for Settlement of Investment Disputes (ICSID) pursuant to which the Republic of Ecuador will pay it approximately $1 billion.

Mealey's PI/Product Liability - North Dakota Top Court Rejects Employer Liability In Take-Home Asbestos Case

BISMARK, N.D. - An employer is not liable for failing to warn household members of the dangers of asbestos, the North Dakota Supreme Court held Jan. 14 after finding that a widow lacks sufficient evidence of a special relationship between the employer and its employee's son or that the employer knew the risks (Deborah J. Palmer, surviving spouse of Gary J. Palmer, deceased v. 999 Quebec Inc. [f/k/a International Boiler Works Co.], et al., No. 2016 ND 17, N.D. Sup.; 2016 N.D. LEXIS 17).

Mealey's Labor & Employment - North Dakota Top Court Rejects Employer Liability In Take-Home Asbestos Case

BISMARK, N.D. - An employer is not liable for failing to warn household members of the dangers of asbestos, the North Dakota Supreme Court held Jan. 14 after finding that a widow lacks sufficient evidence of a special relationship between the employer and its employee's son or that the employer knew the risks (Deborah J. Palmer, surviving spouse of Gary J. Palmer, deceased v. 999 Quebec Inc. [f/k/a International Boiler Works Co.], et al., No. 2016 ND 17, N.D. Sup.; 2016 N.D. LEXIS 17).

Mealey's Litigation Procedure - Mining Entity Says $740 Million Arbitration Award Remains Unpaid

SPOKANE, Wash. - A gold mining corporation on Jan. 14 reported on various updates in relation to the recent confirmation of a $740 million international award that was issued in its favor and against Venezuela.

Mealey's Litigation Procedure - ICSID Orders Eli Lilly To File Response To Objection To Jurisdiction In NAFTA Case

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 15 issued an order revising a procedural calendar for the case, including setting a date on which Eli Lilly and Co. must respond to the government of Canada's objection to jurisdiction (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's Litigation Procedure - Federal Judge Confirms ICC Award In Favor Of Bayer Cropscience NV

NORFOLK, Va. - A Virginia federal judge on Jan. 15 granted a German entity's motion to confirm an international arbitration award that was issued in its favor and denied a petition to vacate the award, finding that the award should be confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Bayer Cropscience NV v. Dow Agrosciences LLC, et al., No. 2:12cv47, E.D. Va.; 2016 U.S. Dist. LEXIS 5571).

Mealey's Toxic Tort/Environmental - North Dakota Top Court Rejects Employer Liability In Take-Home Asbestos Case

BISMARK, N.D. - An employer is not liable for failing to warn household members of the dangers of asbestos, the North Dakota Supreme Court held Jan. 14 after finding that a widow lacks sufficient evidence of a special relationship between the employer and its employee's son or that the employer knew the risks (Deborah J. Palmer, surviving spouse of Gary J. Palmer, deceased v. 999 Quebec Inc. [f/k/a International Boiler Works Co.], et al., No. 2016 ND 17, N.D. Sup.; 2016 N.D. LEXIS 17).

Mealey's IP/Tech - Virginia Federal Judge Denies Dismissal Of Copyright, Trademark Claims

NEWPORT NEWS, Va. - An intellectual property dispute between a tax preparation firm and its former employee will proceed, a Virginia federal judge ruled Jan. 5 (Tax International LLC v. Rasheme Kilburn et al., No. 15-23, E.D. Va.; 2016 U.S. Dist. LEXIS 1416).

Mealey's Litigation Procedure - ICSID Will Not Hear Investment Dispute Filed Against Guinea

PARIS - A firm representing the Republic of Guinea on Jan. 6 announced that a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has issued an award, finding that it lacks jurisdiction to hear claims asserted against Guinea in relation to a company's alleged investment in a property (Societe Civile Immobiliere de Gaeta v. Republic of Guinea, No. ARB/12/36, ICSID).

Mealey's Litigation Procedure - ICC Issues Decisions To Increase Transparency In Arbitration Cases

PARIS - The International Chamber of Commerce (ICC) International Court of Arbitration on Jan. 5 announced that two new decisions have been issued that are aimed at enhancing the efficiency and transparency of its arbitration cases.

Mealey's IP/Tech - Citing ITC Proceedings, California Federal Judge Stays Patent Case

SAN FRANCISCO - In what he deemed a "thorny" and "somewhat rare policy dilemma," U.S. Judge Haywood S. Gilliam Jr. of the Northern District of California on Dec. 30 granted a plaintiff's request to stay its own patent infringement litigation in favor of a later-filed proceeding before the International Trade Commission (ITC) (Aliphcom d/b/a Jawbone and Bodymedia Inc. v. Fitbit Inc., No. 15-2579, N.D. Calif.; 2015 U.S. Dist. LEXIS 173078).

Mealey's IP/Tech - 2nd Circuit Vacates, Remands Standing Holding In Lanham Act Dispute

NEW YORK - A U.S. court cannot invalidate an action of a foreign sovereign with regard to a transfer of rights on grounds that the transfer would be invalid under the law of the foreign sovereign, the Second Circuit U.S. Court of Appeals ruled Jan. 5, vacating a New York federal judge's dismissal of Lanham Act claims for lack of standing (Fed. Treasury Enterprise Sojuzplodoimport v. Spirits International B.V. f/k/a Spirits International N.V., et al., Nos. 14-4721, 15-152, 2nd Cir.; 2016 U.S. App. LEXIS 40).

Mealey's Insurance - Insurer Is Entitled To Recoup $11.7M Paid To Insured, Ohio Panel Majority Determines

CINCINNATI - An insurer is entitled to reimbursement of more than $11.7 million from its insured because the insurer properly reserved its rights when it made payments to its insured for underlying suits arising out of the insured's financial support of terrorist groups, the majority of the First District Ohio Court of Appeals said Dec. 30 (Chiquita Brands International Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., et al., No.C- 140492, Ohio App., 1st Dist.; 2015 Ohio App. LEXIS 5299).

Mealey's Litigation Procedure - ICSID Issues 1st Order In CAFTA Case Filed Against Dominican Republic

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 16 issued its first procedural order in an arbitration commenced by a Florida materials company against the Dominican Republic, outlining the procedural rules of the case (Corona Materials LLC v. Dominican Republic, No. ARB[AF]/14/3, ICSID).

Mealey's Litigation Procedure - ICSID Orders Slovenia To Pay Electric Company $31 Million For Breaches

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 17 issued its decision in an arbitration commenced by the national electric company of Croatia against the Republic of Slovenia in relation to an agreement for the operation of a power plant, finding that it had jurisdiction to hear the dispute and ordering Slovenia to pay the company $31,686,893 (Hrvatska Elektroprivreda d.d. v. Republic of Slovenia, No. ARB/05/24, ICSID).

Mealey's Litigation Procedure - ICC To Issue Final Award On Payments In Arbitration Between Nokia And Samsung

ESPOO, Finland - Nokia Corp. on Dec. 17 announced that it expected that an award will be issued in an international arbitration case with Samsung by the end of January.

Mealey's Litigation Procedure - ICSID Rejects Venezuela's 4th Proposal To Disqualify Arbitrator

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 15 rejected a fourth request to disqualify an arbitrator submitted by the Bolivarian Republic of Venezuela, finding that he did not lack impartially (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).

Mealey's Labor & Employment - Madison Square Garden $795,000 Intern Wage Settlement Denied Approval

NEW YORK - A New York federal magistrate judge on Dec. 10 denied preliminary approval of a $795,000 settlement to end class claims filed on behalf of MG Holdings L.P. and Madison Square Garden (collectively, MSG) unpaid interns who seek wages (Christopher Fraticelli, et al. v. MSG Holdings, L.P., et al., No. 13-6518, S.D. N.Y.; 2015 U.S. Dist. LEXIS 166004).

Mealey's Litigation Procedure - ICSID Discontinues Treaty Case Filed Against Argentina For Lack Of Payment

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 14 issued a decision discontinuing an arbitration commenced by more than 70 Italian individuals and entities in relation to their alleged investments in Argentina for failure to pay $400,000 in ICSID fees and costs (Giovanni Alemanni and others v. Argentine Republic, No. ARB/07/8, ICSID).

Mealey's Litigation Procedure - Madison Square Garden $795,000 Intern Wage Settlement Denied Approval

NEW YORK - A New York federal magistrate judge on Dec. 10 denied preliminary approval of a $795,000 settlement to end class claims filed on behalf of MG Holdings L.P. and Madison Square Garden (collectively, MSG) unpaid interns who seek wages (Christopher Fraticelli, et al. v. MSG Holdings, L.P., et al., No. 13-6518, S.D. N.Y.; 2015 U.S. Dist. LEXIS 166004).

Mealey's Litigation Procedure - International Tribunal Awards Eastern Mediterranean Gas Co. $324 Million

GENEVA - A law firm on Dec. 8 announced that a tribunal for the International Chamber of Commerce (ICC), International Court of Arbitration has issued a decision in arbitration between a Mediterranean gas company and two Egyptian entities, awarding the company $324 million.

Mealey's IP/Tech - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).

Mealey's Insurance - Federal Judge Finds Trademark Claims Are Excluded Under Policy

SACRAMENTO, Calif. - A California federal judge on Dec. 7 granted judgment for an insurer named as a defendant in a third-party action seeking damages for trademark infringement and violation of California's unfair competition law (UCL), finding that a policy specifically excluded coverage for trademark infringement related to degreaser products (Lewyn Boler, AKA Leon Boler, individually and dba Production Car Care Products v. 3D International, et al., No. 2:14-cv-00658, E.D. Calif.; 2015 U.S. Dist. LEXIS 163850).