LexisNexis® Legal Newsroom
Mealey's Insurance - Health Plan's Claim Over Reinsurance Contributions Under ACA Fails, Judge Says

BALTIMORE - A self-funded, self-administered group health plan failed to allege a claim over which jurisdiction would exist under the Patient Protection and Affordable Care Act's (ACA) "internal revenue tax" or "any sum" provisions, a Maryland federal judge ruled July 21, dismissing the health plan's lawsuit alleging that it was improperly required to pay reinsurance contributions under the ACA (Electrical Welfare Trust Fund v. United States of America, et al., No. 16-2186, D. Md., 2017 U.S. Dist. LEXIS 113687).

Mealey's Litigation Procedure - Tribunal Orders Argentina To Pay Investors $324M For Airline Expropriation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 24 released its majority award in a treaty dispute over the expropriation of two airlines in the Argentine Republic, ordering Argentina to pay two investors $324,254,807 in damages and costs, plus interest (Teinver S.A., Transportes de Cercanias S.A. and Autobuses Urbanos del Sur S.A. and the Argentine Republic, No. ARB/09/1, ICSID).

Mealey's IP/Tech - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose the IRS's summons (United States v. Coinbase Inc., No. 3:17-cv-01431, N.D. Calif., 2017 U.S. Dist. LEXIS 111756).

Mealey's Litigation Procedure - John Doe Virtual Currency User May Intervene In IRS Summons For Users' Records

SAN FRANCISCO - A John Doe customer of a virtual currency firm has established his interest in an Internal Revenue Service enforcement action seeking personal records of the firm's customers, a California federal magistrate judge ruled July 18, granting the Doe's motion to intervene and oppose the IRS's summons (United States v. Coinbase Inc., No. 3:17-cv-01431, N.D. Calif., 2017 U.S. Dist. LEXIS 111756).

Mealey's PI/Product Liability - Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable

CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure" theory, a plaintiff and his amici argue in a pair of July 17 briefs to the Ohio Supreme Court (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Mealey's Litigation Procedure - Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable

CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure" theory, a plaintiff and his amici argue in a pair of July 17 briefs to the Ohio Supreme Court (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Mealey's Litigation Procedure - Summons Issued On Supplement Seller's Petition To Confirm Chinese Award

CENTRAL ISLIP, N.Y. - A summons was issued on July 13 to a New York entity in relation to a Chinese company's recently filed petition to confirm a $575,922 arbitral award issued in its favor by a Chinese tribunal (Tianjin Port Free Trade Zone: International Trade Service Co., Ltd. v. Tiancheng Chempharm Inc. USA, No. 17-cv-4130, E.D. N.Y.).

Mealey's Toxic Tort/Environmental - Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable

CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure" theory, a plaintiff and his amici argue in a pair of July 17 briefs to the Ohio Supreme Court (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Mealey's Litigation Procedure - ICSID Orders Expert Reports And Witness Statements To Remain Confidential

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 12 released an order in a dispute filed by a Canadian mining company against Romania, ordering that witness statements and expert reports remain confidential unless otherwise agreed to by the parties (Gabriel Resources Ltd. and Gabriel Resources [Jersey] v. Romania, No. ARB/15/31, ICSID).

Mealey's PI/Product Liability - Texas Appeals Panel Affirms Summary Judgment In Slip-And-Fall Suit

FORT WORTH, Texas - A Texas appellate panel on July 13 affirmed summary judgment for an airport and the cleaning service it contracted to clean its bathrooms after finding that a woman who slipped and injured herself in a bathroom stall did not show that either defendant knew about the puddle of water on which she slipped (Pamela Vernon v. Dallas/Fort Worth International Airport Board, et al., No. 02-16-00488-CV, Texas App., 2nd Dist., 2017 Tex. App. LEXIS 6450).

Mealey's IP/Tech - Sony Digital Signal Patent Challenged In New Inter Partes Review Petition

ALEXANDRIA, Va. - A patent covering a system that supplies digital signals in a variety of formats to accommodate different types of external units, assigned by its inventors to Sony Corp., would have been obvious to a person of ordinary skill in the art, several petitioners allege in a July 11 filing with the Patent Trial and Appeal Board (ARRIS International plc, et al. v. Sony Corporation, No. IPR2017-01699, PTAB).

Mealey's Litigation Procedure - 2nd Circuit Reverses Denial Of Venezuela' s Request To Vacate, Finds FSIA Governs

NEW YORK - After finding that the Foreign Sovereign Immunities Act (FSIA) provides the sole basis for federal court jurisdiction over foreign sovereigns in cases seeking to enforce certain international arbitral awards, the Second Circuit U.S. Court of Appeals on July 11 reversed a decision denying the Bolivarian Republic of Venezuela's motion to vacate a ruling confirming an award issued in favor of several ExxonMobil entities (Mobil Cerro Negro Ltd., et al. v. Bolivarian Republic of Venezuela, No. 15-707, 2nd Cir., 2017 U.S. App. LEXIS 12354).

Mealey's Litigation Procedure - ICSID To Hold Merits, Jurisdiction Hearing On NAFTA Claims Against Canada

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on July 10 announced that it will soon hold a hearing on jurisdiction and the merits in an arbitration in which an investor asserts violations of the North American Free Trade Agreement (NAFTA) against Canada (Mobil Investments Canada Inc. v. Canada, No. ARB/15/6, ICSID).

Mealey's Insurance - 9th Circuit Vacates Ruling Enjoining Insurers From Pursuing ICC Case

PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 10 vacated a district court's decision enjoining two surety companies from participating in an international arbitration case, vacating a trial court's ruling enjoining them from pursuing their claims related to a guarantee (Portland General Electric Co. v. Liberty Mutual Insurance Co., et al., No. 16-35628, 9th Cir., 2017 U.S. App. LEXIS 12267).

Mealey's Litigation Procedure - 9th Circuit Vacates Ruling Enjoining Insurers From Pursuing ICC Case

PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on July 10 vacated a district court's decision enjoining two surety companies from participating in an international arbitration case, vacating a trial court's ruling enjoining them from pursuing their claims related to a guarantee (Portland General Electric Co. v. Liberty Mutual Insurance Co., et al., No. 16-35628, 9th Cir., 2017 U.S. App. LEXIS 12267).

Mealey's Litigation Procedure - D.C. Circuit Affirms Court's Decision Refusing To Enforce Annulled Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 7 affirmed a district court's decision refusing to confirm an approximately $43.5 million award that was annulled by an international arbitration court, finding that the arbitration court's setting of fees did not violate public policy under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Getma International v. Republic of Guinea, No. 16-7087, D.C. Cir., 2017 U.S. App. LEXIS 12138).

Mealey's Insurance - Insurer Owes Defense To Insureds For Environmental Contamination Suit, Judge Says

HOUSTON - An insurer has a duty to defend its insureds in an underlying environmental contamination suit because the policy's exclusions for pollution and use of an auto do not apply to bar coverage, a Texas federal judge said July 7 in granting the insureds' motion for summary judgment (USA Environment, L.P. et al., v. American International Specialty Lines Insurance Co. n/k/a AIG Specialty Insurance Co., No. 16-2216, S.D. Texas, 2017 U.S. Dist. LEXIS 104962).

Mealey's Labor & Employment - Split Labor Board Denies Reviews Of Bargaining Units That Include Student Employees

WASHINGTON, D.C. - A split National Labor Relations Board issued two orders on July 6 declining to review regional directors' direction of election for two school bargaining units that include student employees (The New School and Student Employees at the New School-SENS UAW, No. 02-RC-143009, NLRB, Loyola University Chicago and Service Employees International Union Local 73, CLC/CTW, No. 13-RC-189548, NLRB).

Mealey's PI/Product Liability - Court Reverses Judgment In Asbestos Case Against 3 Scientific Products Companies

ALBANY, N.Y. - Three scientific equipment suppliers simply attempt to poke holes in a woman's evidence and do not eliminate the possibility that they supplied asbestos-containing products to her employer, a New York appeals court held in reversing summary judgment June 6 (Eileen A. O'Connor, et al. v. Aerco International Inc. and Fisher Scientific Co. LLC, et al., No. 523122, N.Y. Sup. App. Div., 3rd Dept., 2017 N.Y. App. Div. LEXIS 5355).

Mealey's Toxic Tort/Environmental - Court Reverses Judgment In Asbestos Case Against 3 Scientific Products Companies

ALBANY, N.Y. - Three scientific equipment suppliers simply attempt to poke holes in a woman's evidence and do not eliminate the possibility that they supplied asbestos-containing products to her employer, a New York appeals court held in reversing summary judgment June 6 (Eileen A. O'Connor, et al. v. Aerco International Inc. and Fisher Scientific Co. LLC, et al., No. 523122, N.Y. Sup. App. Div., 3rd Dept., 2017 N.Y. App. Div. LEXIS 5355).

Mealey's PI/Product Liability - Endo Withdraws Opana ER Following FDA Request Due To Abuse, Infections

DUBLIN, Ireland - Endo International plc on July 6 said it will voluntarily remove Opana ER from the market after "careful consideration and consultation" with the Food and Drug Administration, which made the request in June.

Mealey's Litigation Procedure - Judge Finds PAGA Penalties Are Not Included Amount In Controversy

RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).

Mealey's Labor & Employment - Judge Finds PAGA Penalties Are Not Included Amount In Controversy

RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).

Mealey's Antitrust/Unfair Competition - Judge Finds PAGA Penalties Are Not Included Amount In Controversy

RIVERSIDE, Calif.- After finding that the amount in controversy in a proposed class action filed by an employee, who alleges that her employer failed to record and pay her hours worked, did not meet jurisdictional requirements, a California federal judge on June 30 remanded the case to a state court for lack of jurisdiction (Kymberlee Arnold v. OSF International Inc., d/b/a the Old Spaghetti Factory, et al., No. 17-897, C.D. Calif., 2017 U.S. Dist. LEXIS 103006).

Mealey's Insurance - Judge: Insurer Did Not Act In Bad Faith In Delegating Employer Trust To Reinsurer

CHICAGO - A contract placed no limits on an insurer's discretion to assign its responsibility to an employer's trust and contained no requirements for disclosure of any assignments, an Illinois federal judge ruled July 5, finding that the insurer did not act in bad faith when it delegated to a reinsurer (Midco International Inc. and Employees Profit Sharing Trust v. Metropolitan Life Insurance Co., No. 14-9470, N.D. Ill., 2017 U.S. Dist. LEXIS 103296).