LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Judge Bars Damages Opinion On Flooding, Grants Judgment On Classwide Stigma Damages

PENSACOLA, Fla. - Allowing expert testimony on the cause of flooding to neighborhoods but excluding testimony on damages due to an error in methodology, a Florida federal judge on March 25 simultaneously granted homeowners class certification on the issue of liability and granted summary judgment to a paper mill company as to classwide stigma damages (John Navelski, et al. v. International Paper Co., No. 14-445, N.D. Fla., 2017 U.S. Dist. LEXIS 44411).

Mealey's Litigation Procedure - Judge Confirms $1.2B ICSID Award, Dismisses Venezuela's Motion To Vacate

WASHINGTON, D.C. - A District of Columbia federal judge on March 25 granted a Canadian mining company's petition to confirm a $1.2 billion arbitral award issued by an international tribunal, rejecting the Republic of Venezuela's challenges to the award (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C., 2017 U.S. Dist. LEXIS 43697).

Mealey's Litigation Procedure - Energy Firm Says It Will File SIAC Arbitration Over Shares In Mine

SUBIACO, Western Australia - An Australian energy firm on March 23 announced that it will commence arbitration with the Singapore International Arbitration Centre (SIAC) against a uranium holding company, asserting claims related to a notice requesting that it determine the value of its shares in a mine.

Mealey's IP/Tech - 9th Circuit Dismisses Appeal In Coverage Dispute Over Trademark Claims

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 dismissed an insured's appeal in an advertising injury coverage dispute after a lower federal court determined on remand that it lacked subject matter jurisdiction over the case (Vogue International, LLC, d.b.a. Vogue International v. Hartford Casualty Insurance Co., No. 14-56394, 9th Cir., 2017 U.S. App. LEXIS 5011).

Mealey's Insurance - 9th Circuit Dismisses Appeal In Coverage Dispute Over Trademark Claims

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 dismissed an insured's appeal in an advertising injury coverage dispute after a lower federal court determined on remand that it lacked subject matter jurisdiction over the case (Vogue International, LLC, d.b.a. Vogue International v. Hartford Casualty Insurance Co., No. 14-56394, 9th Cir., 2017 U.S. App. LEXIS 5011).

Mealey's Securities/D&O Liability - Judge: SEC Proxy Statement For Acquisition Deal Was Misleading, Material

PORTLAND, Ore. - Dismissal of a securities class action against a company and its board of directors for allegedly omitting key information in the Securities and Exchange Commission proxy statement for a proposed acquisition deal in an effort to have the company's stock sell for a lesser price is not proper because lead plaintiffs have shown that the proxy statement was both misleading and material, a federal judge in Oregon ruled March 20 in denying the defendants' motion to dismiss (Elia Azar, et al. v. Blount International Inc., et al., No. 16-483, D. Ore., 2017 U.S. Dist. LEXIS 39493).

Mealey's Bankruptcy - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).

Mealey's PI/Product Liability - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's IP/Tech - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's Litigation Procedure - ICSID Finds Pakistan Violated Treaty, Will Proceed To Damages Phase

TORONTO - The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses.

Mealey's Toxic Tort/Environmental - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).

Mealey's IP/Tech - Supreme Court Hears Arguments In Dispute Over Patent Exhaustion Limits

WASHINGTON, D.C. - The doctrine of patent exhaustion is not avoidable by attaching post-sale restrictions, an attorney for a patent infringement defendant told the U.S. Supreme Court on March 21 (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).

Mealey's PI/Product Liability - Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict

FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell International Inc., No. F070761, Calif. App., 5th Dist.).

Mealey's Litigation Procedure - Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict

FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell International Inc., No. F070761, Calif. App., 5th Dist.).

Mealey's Toxic Tort/Environmental - Court: Causation Opinion Admissible, Punitives OK In $6.5M Asbestos Verdict

FRESNO, Calif. - A judge properly admitted expert testimony that every identifiable exposure to asbestos contributes to mesothelioma, a California appeals court held March 17, while also rejecting challenges involving tobacco use and an award of punitive damages (Charity Faith Phillips, et al. v. Honeywell International Inc., No. F070761, Calif. App., 5th Dist.).

Mealey's Insurance - Judge Approves Rate Of Pay For Liquidation Internal Auditor

CHICAGO - An Illinois judge on March 16 approved the rate of compensation for an internal auditor of an insolvent insurer's liquidation proceeding (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the State of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).

Mealey's Litigation Procedure - Panel Awards California Electric Company $125M For Defective Generators

ROSEMEAD, Calif. - Southern California Edison (SCE) on March 13 announced that an international arbitration tribunal has issued an award in a dispute over defective generators that were built for use at a nuclear plant, awarding SCE $125 million in damages.

Mealey's Litigation Procedure - Shareholders May Amend Complaint To Add Claim In Securities Suit, Judge Rules

HOUSTON - Shareholders in a securities class action lawsuit against an energy company, several of its executive officers and directors and others may amend their complaint to add a claim for relief because their motion was filed prior to the deadline for amendments and amendment would not be futile, a federal judge in Texas ruled March 10 in granting the motion (In re Cobalt International Energy Inc. Securities Litigation, No. 14-3428, S.D. Texas; 2017 U.S. Dist. LEXIS 34437).

Mealey's Securities/D&O Liability - Shareholders May Amend Complaint To Add Claim In Securities Suit, Judge Rules

HOUSTON - Shareholders in a securities class action lawsuit against an energy company, several of its executive officers and directors and others may amend their complaint to add a claim for relief because their motion was filed prior to the deadline for amendments and amendment would not be futile, a federal judge in Texas ruled March 10 in granting the motion (In re Cobalt International Energy Inc. Securities Litigation, No. 14-3428, S.D. Texas; 2017 U.S. Dist. LEXIS 34437).

Mealey's Litigation Procedure - Kyrgyz Republic Applies To English Court To Set Aside PCA Award

TORONTO - A Canadian energy company on March 8 said the Kyrgyz Republic has filed an application with an English court, seeking to set aside a jurisdictional award that was issued in favor of the company by an international arbitral tribunal.

Mealey's IP/Tech - Federal Circuit Upholds Stipulated Judgment Of Patent Invalidity

WASHINGTON, D.C. - A patent disclosing a method of malware protection was correctly deemed invalid as indefinite, the Federal Circuit U.S. Court of Appeals concluded March 7 (Trusted Knight Corporation v. International Business Machines Corp., No. 16-1510, Fed. Cir., 2017 U.S. App. LEXIS 3979).

Mealey's Litigation Procedure - Federal Judge Denies Class Certification For Class Of Truck Drivers

LOS ANGELES - A California federal judge on March 3 denied a former truck driver's request to certify a class of truck drivers in relation to an alleged failure to pay a minimum wage for the hours worked, finding that he failed to meet the federal pleading requirements (Robert Gatdula, et al. v. CRST International Inc., et al., No. 11-1285, C.D. Calif., 2016 U.S. Dist. LEXIS 184720).

Mealey's Labor & Employment - Federal Judge Denies Class Certification For Class Of Truck Drivers

LOS ANGELES - A California federal judge on March 3 denied a former truck driver's request to certify a class of truck drivers in relation to an alleged failure to pay a minimum wage for the hours worked, finding that he failed to meet the federal pleading requirements (Robert Gatdula, et al. v. CRST International Inc., et al., No. 11-1285, C.D. Calif., 2016 U.S. Dist. LEXIS 184720).