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