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.).
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.
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).
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.).
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).
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.).
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.).
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.).
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).
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).
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).
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.).
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).
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).
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.).
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.
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.
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).
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.).