LexisNexis® Legal Newsroom
Mealey's Toxic Tort/Environmental - Companies: C8 Groundwater Contamination Case Should Be Dismissed; Injury Not Shown

ALBANY, N.Y. - Saint-Gobain Performance Plastics Corp. and Honeywell International Inc. on Sept. 26 moved in New York federal court to dismiss a lawsuit brought by a class of residents who contend that the companies are liable for contaminating their drinking water with perfluorooctanoic acid, referred to as C8, contending that the district court lacks subject matter jurisdiction and that the claims should be dismissed under the primary jurisdiction doctrine (Michelle Baker, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 16-917, N.D. N.Y.).

Mealey's Litigation Procedure - ICC Amends Practice Note On Conduct Of International Arbitration

NEW YORK - The International Chamber of Commerce (ICC) on Sept. 22 said it has amended its practice note provided to parties and arbitral tribunals on the conduct of arbitration.

Mealey's IP/Tech - Trademark Counterclaim Survives Motion In New Jersey Federal Litigation

TRENTON, N.J. - Counterclaims of contributory copyright infringement were rejected Sept. 22 by a New Jersey federal judge as barred by the economic loss doctrine because the allegations giving rise to the counterclaim are not "separate and distinct" from a related breach of contract counterclaim (Air Express International d/b/a DHL Global Forwarding Corporation v. LOG-NET Inc., No. 12-1732, D. N.J.; 2016 U.S. Dist. LEXIS 129409).

Mealey's Toxic Tort/Environmental - 'Criminal Falsehoods' Warrant Flint, Mich., Lead Case Against State, Residents Say

DETROIT - A group of Michigan residents on Sept. 22 filed an omnibus response in a lawsuit regarding the lead water crisis in Flint, Mich., contending that although employees of the state have yet to be indicted for the lead water crisis in Flint, there are "more than enough questions of fact, internal contradictions, and criminal falsehoods" to warrant denial of their motion to dismiss (Melissa Mays, et al. v. Gov. Rick Snyder, et al., No. 15-14002, E.D. Mich.).

Mealey's Litigation Procedure - Judge: Court Lacks Jurisdiction Over Claims In Securities Suit

BATON ROUGE, La. - A federal judge in Louisiana dismissed claims against Grant Thornton International Ltd. (GTIL) in a securities lawsuit on Sept. 15, ruling that shareholders failed to show that a federal district court had either general or specific jurisdiction over the claims (Firefighters' Retirement System, et al. v. Citco Group Limited, et al., No. 13-373, M.D. La.; 2016 U.S. Dist. LEXIS 125991).

Mealey's Securities/D&O Liability - Judge: Court Lacks Jurisdiction Over Claims In Securities Suit

BATON ROUGE, La. - A federal judge in Louisiana dismissed claims against Grant Thornton International Ltd. (GTIL) in a securities lawsuit on Sept. 15, ruling that shareholders failed to show that a federal district court had either general or specific jurisdiction over the claims (Firefighters' Retirement System, et al. v. Citco Group Limited, et al., No. 13-373, M.D. La.; 2016 U.S. Dist. LEXIS 125991).

Mealey's Bankruptcy - Specialty Products, Bondex Get More Time To Resolve Tax Claims

WILMINGTON, Del. - A Delaware federal bankruptcy judge on Sept. 16 gave reorganized Chapter 11 debtors Specialty Products Holding Corp. and affiliate Bondex International Inc. three more months to object to non-asbestos claims so the debtors can continue negotiating resolutions for several tax claims (In re: Specialty Products Holding Corp., et al., No. 10-11780, D. Del. Bkcy.).

Mealey's PI/Product Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Litigation Procedure - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Securities/D&O Liability - Defendants Seek Dismissal Of Claims Against Them In Securities Class Action

TRENTON, N.J. - Defendants in a securities class action lawsuit in New Jersey federal court separately moved to dismiss the claims against them on Sept. 13, arguing that shareholders failed to plead any actionable misrepresentation, scienter or loss causation in making their federal securities law claims (In re Valeant Pharmaceuticals International Inc. Securities Litigation, No. 15-7658, D. N.J.).

Mealey's Litigation Procedure - Microsoft Says Documents Sought By IRS In Audit Are Privileged

SEATTLE - In a Sept. 12 brief filed in Washington federal court, Microsoft Corp. contends that documents sought by the Internal Revenue Service in an enforcement action "are protected by multiple privilege claims" as confidential legal and tax advisory communications (United States of America v. Microsoft Corp., et al., No. 2:15-cv-00102, W.D. Wash.).

Mealey's IP/Tech - Oracle Patent Will Face Inter Partes Review By Patent Board

ALEXANDRIA, Va. - Six claims of a patent covering database query optimization will be the subject of an upcoming inter partes review (IPR), the Patent Trial and Appeal Board announced Sept. 14 (Realtime Data LLC v. Oracle International Corp., No. IPR2016-00695, PTAB).

Mealey's IP/Tech - Michigan Federal Judge Allows Damages Testimony In Patent Infringement Suit

DETROIT - An expert may offer damages testimony on behalf of Garmin International Inc. in a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Sept. 12 (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 122922).

Mealey's Litigation Procedure - ICSID Partially Grants Kenya's Request For Discovery In BIT Arbitration

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Sept. 12 released an order in an arbitration commenced by mining entities against the Republic of Kenya, partially granting Kenya's request for production of documents in the case (Cortec Mining Kenya Limited, Cortec [Pty] Limited and Stirling Capital Limited v. Republic of Kenya, ICSID Case No. ARB/15/29).

Mealey's Litigation Procedure - Michigan Federal Judge Allows Damages Testimony In Patent Infringement Suit

DETROIT - An expert may offer damages testimony on behalf of Garmin International Inc. in a patent infringement lawsuit concerning car navigational methods, a Michigan federal judge ruled Sept. 12 (Visteon Global Technologies Inc. and Visteon Technologies LLC v. Garmin International Inc., No. 10-10578, E.D. Mich.; 2016 U.S. Dist. LEXIS 122922).

Mealey's Litigation Procedure - Medical Device Maker Seeks Dismissal Of Securities Fraud Class Action Claims

NEW YORK - A securities class action lawsuit against a medical device maker and its CEO should be dismissed because the lead plaintiff has failed to show that the defendants made any material misrepresentations or acted with scienter in statements they made regarding the company's heart pump, the defendants argue in an Aug. 30 motion to dismiss (In re HeartWare International Inc. Securities Litigation, No. 16-0520, S.D. N.Y.).

Mealey's Labor & Employment - 11th Circuit Finds Seaman's Claims Must Be Arbitrated Under Contract

MIAMI - After finding that a cruise line worker's employment contract envisioned performance abroad because he worked on international waters, the 11th Circuit U.S. Court of Appeals on Aug. 29 affirmed a decision finding that an arbitration clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 15-11766, 11th Cir.; 2016 U.S. App. LEXIS 15932).

Mealey's Securities/D&O Liability - Medical Device Maker Seeks Dismissal Of Securities Fraud Class Action Claims

NEW YORK - A securities class action lawsuit against a medical device maker and its CEO should be dismissed because the lead plaintiff has failed to show that the defendants made any material misrepresentations or acted with scienter in statements they made regarding the company's heart pump, the defendants argue in an Aug. 30 motion to dismiss (In re HeartWare International Inc. Securities Litigation, No. 16-0520, S.D. N.Y.).

Mealey's Litigation Procedure - 11th Circuit Finds Seaman's Claims Must Be Arbitrated Under Contract

MIAMI - After finding that a cruise line worker's employment contract envisioned performance abroad because he worked on international waters, the 11th Circuit U.S. Court of Appeals on Aug. 29 affirmed a decision finding that an arbitration clause was enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Francis D'Cruz v. NCL [Bahamas] Ltd., et al., No. 15-11766, 11th Cir.; 2016 U.S. App. LEXIS 15932).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Stay UCL And Labor Claims Pending Outcome Of New York Action

SACRAMENTO, Calif. - After finding that no exceptional circumstances existed in an action in which a former franchisee asserts claims for violation of California's unfair competition law (UCL) and other causes of action, a California federal judge on Aug. 30 refused to stay the case pending the outcome of another related action pending in New York (James S. Martin v. Minuteman Press International Inc., et al., No. 2:16-cv-00833, E.D. Calif.; 2016 U.S. Dist. LEXIS 116733).

Mealey's IP/Tech - California Federal Judge Awards $1.5 Million In Fees In Phase I Of Patent Case

LOS ANGELES - Following his June ruling that deemed a patent plaintiff's conduct "exceptional," a California federal judge on Aug. 31 ordered the plaintiff to pay several defendants $1.55 million in attorney fees (Kinglite Holdings Inc. v. Micro-Star International Co. Ltd., et al., No. 14-3009, C.D. Calif.).

Mealey's Litigation Procedure - Victoria Oil & Gas Confirms ICC Arbitration Over Drilling Project

LONDON - An English oil and gas company on Aug. 26 confirmed that it has been named as the respondent in an international arbitration related to the selection of a contractor for the drilling of wells.

Mealey's Litigation Procedure - ICSID Awards Mining Firm $967 Million In Damages For Breach Of BIT

VANCOUVER, British Columbia - A Canadian mining company on Aug. 23 said an international arbitral tribunal has found that Venezuela breached its obligations under a bilateral investment treaty and has awarded it $967.77 million in damages, plus $1.3 billion in interest.

Mealey's IP/Tech - 3rd Circuit Affirms: Defendant Benefitted From Distributor Infringement

PHILADELPHIA - A Delaware federal judge did not err in upholding a jury verdict of direct and contributory copyright infringement in a dispute over stem cell photographs, the Third Circuit U.S. Court of Appeals ruled Aug. 24 (Andrew Paul Leonard, et al. v. Stemtech International Inc., Nos. 15-9138, -3247, 3rd Cir.; 2016 U.S. App. LEXIS 15565).

Mealey's Bankruptcy - Hearing Set On Honeywell's Bid For Asbestos Claimant Data In 9 Bankruptcies

WILMINGTON, Del. - A Delaware federal bankruptcy judge will hold a hearing in October on a request by Honeywell International Inc. for access to asbestos claimants' data in nine Chapter 11 cases, including W.R. Grace & Co.'s bankruptcy proceedings, and in the meantime will contact a retired judge about appointing her to referee the dispute, according to an Aug. 23 docket entry (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).