LexisNexis® Legal Newsroom
Mealey's Labor & Employment - IFA Applauds Withdrawal Of DOL Joint Employer Informal Guidance

WASHINGTON, D.C. - The International Franchise Association (IFA) on June 7 applauded the announcement by U.S. Secretary of Labor Alexander Acosta that day that the U.S. Department of Labor (DOL) would withdraw the Obama administration's interpretation of joint employer that it called "one of the most costly and burdensome regulations impacting the franchise business model."

Mealey's Labor & Employment - Divided NLRB Denies University's Motion To Stay Student Workers' Union Election

WASHINGTON, D.C. - A split National Labor Relations Board on June 1 denied a motion to stay the union election for all hourly paid student employees of the University of Chicago's libraries and denied on the merits the university's expedited request for review (University of Chicago and International Brotherhood of Teamsters, Local 743, No. 13-RC-198365, NLRB).

Mealey's Litigation Procedure - ICSID Grants Mexico's Request To Bifurcate Investment Issue From Merits

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 30 partially granted a request by the United Mexican States to bifurcate the issue of whether a Canadian company made an investment in Mexico under the North American Free Trade Agreement (NAFTA) from the merits of the case (Lion Mexico Consolidated L.P. v. United Mexican States, No. ARB[AF]/15/2, ICSID).

Mealey's Insurance - Genuine Issues Of Fact Exist Precluding Dismissal In Bad Faith Suit, Judge Rules

SEATTLE - Dismissal of an insured's bad faith claim against his insurer for failure to timely settle his claim for underinsured motorist coverage is not warranted because genuine issues of material fact exist as to whether the insurer did not properly consider whether the insured's internal bleeding was related to the accident, a federal judge in Washington ruled May 26 in granting in part and denying in part the insurer's motion for partial summary judgment (Christopher Heide v. State Farm Mutual Automobile Insurance Co., No. 16-652, W.D. Wash., 2017 U.S. Dist. LEXIS 81341).

Mealey's Litigation Procedure - Celamin Holdings Says It Has Raised $1.05M To Fund ICC Arbitration

MELBOURNE, Australia - Celamin Holdings NL on May 30 announced that it has raised capital to fund an international arbitration and other proceedings that were commenced in relation to a dispute over shares in a phosphate project.

Mealey's Litigation Procedure - Judge Confirms $1.2M ICC Award For Albanian Telecommunications Company

NEW YORK - A New York federal judge on May 30 granted a petition to confirm a $1,220,790 international arbitral award issued in a dispute over a telecommunications agreement, finding that an award that was agreed on by the parties was still binding under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Albtelecom SH.A. v. Unifi Communications Inc., No. 16-9001, S.D. N.Y., 2017 U.S. Dist. LEXIS 82154).

Mealey's PI/Product Liability - Plaintiffs' Counsel Informs Judge Of Settlement Over Allegedly Defective Decking

NEWARK, N.J. - Counsel for plaintiffs who claim that decking made by Azek Building Products Inc. is defective because it prematurely faded, discolored, scratched and stained informed a federal judge in New Jersey on May 24 that they have reached a settlement with the manufacturer (In re: Azek Building Products Inc.; Marketing and Sales Practices Litigation, MDL 2506, Mel Beucler, et al. v. CPG International Inc., et al., No. 12cv6627, D. N.J.).

Mealey's IP/Tech - Supreme Court Rules Against Lexmark, Says Patent Rights Exhausted

WASHINGTON, D.C. - In a ruling May 30, the U.S. Supreme Court found that Lexmark International Inc. exhausted its domestic and international patent rights "the moment it sold" certain refillable printer cartridges in the United States (Impression Products Inc. v. Lexmark International Inc., No. 15-1189, U.S. Sup.).

Mealey's Litigation Procedure - Mass Transit Operator Accused Of Data Collection Via Smartphone App

OAKLAND, Calif. - San Francisco Bay Area Rapid Transit District (BART) was hit with a putative class complaint in California federal court May 22, with one of its mass transit passengers claiming that the organization's smartphone application surreptitiously collects the International Mobile Equipment Identity (IMEI) numbers associated with users' phones, as well as their precise locations, in violation of state and federal law (Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., No. 4:17-cv-02911, N.D. Calif.).

Mealey's Litigation Procedure - Solar Energy Firms Ask New York Federal Court To Confirm $143M ICSID Award

NEW YORK - A United Kingdom entity and a Luxembourg company on May 19 filed a petition in a New York federal court, seeking to confirm a $143,302,395 international arbitral award issued in their favor and against the Kingdom of Spain (Eiser Infrastructure Limited, et al. v. Kingdom of Spain, No. 1:17-cv-03808, S.D. N.Y.).

Mealey's Litigation Procedure - ICSID Registers ECT Arbitration Against Italy Over Production Concession

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 19 registered a request by an English exploration entity, commencing arbitration under the Energy Charter Treaty (ECT) against the Republic of Italy (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).

Mealey's Litigation Procedure - ICSID Issues 1st Order In Laos Gaming Industry Arbitration

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 19 released the first procedural order in an arbitration commenced by Lao Holdings N.V. against the Lao People's Democratic Republic in relation to the alleged breach of a settlement agreement, establishing the procedural framework of the case (Lao Holdings N.V. v. Lao People's Democratic Republic, No. ARB[AF)/16/2], ICSID).

Mealey's Antitrust/Unfair Competition - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al., No.15-02499, D. Colo., 2017 U.S. Dist. LEXIS 75073).

Mealey's Labor & Employment - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al., No.15-02499, D. Colo., 2017 U.S. Dist. LEXIS 75073).

Mealey's Insurance - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al., No.15-02499, D. Colo., 2017 U.S. Dist. LEXIS 75073).

Mealey's Litigation Procedure - Reinsurer Seeks Discovery On Post-Complaint Documents Relating To Coverage Issues

SYRACUSE, N.Y. - In an asbestos coverage dispute, a reinsurer on May 15 asked a New York federal court to reconsider a discovery ruling and to compel an insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Mealey's Litigation Procedure - ICSID To Hold Merits Hearing In Guinea Mining Rights Arbitration

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on May 16 announced that it will hold a hearing on jurisdiction and the merits in an arbitration commenced by a Guernsey mining company against the Republic of Guinea in relation to the alleged revocation of mining titles (BSG Resources Limited, BSG Resources [Guinea] Limited and BSG Resources] Guinea] SARL v. Republic of Guinea, No. ARB/14/22, ICSID).

Mealey's Insurance - Reinsurer Seeks Discovery On Post-Complaint Documents Relating To Coverage Issues

SYRACUSE, N.Y. - In an asbestos coverage dispute, a reinsurer on May 15 asked a New York federal court to reconsider a discovery ruling and to compel an insurer to produce all post-complaint, internal documents involving coverage issues relating to primary and umbrella policies (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-cv-270, N.D. N.Y.).

Mealey's Litigation Procedure - ICSID Rejects Venezuela's 4th Request To Disqualify Arbitrator In Treaty Case

WASHINGTON, D.C. - Two members of a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 15 rejected the fourth request filed by the Bolivarian Republic of Venezuela to disqualify an arbitrator in a case filed by two Venezuelan entities who assert violations of a bilateral investment treaty, finding that it failed to show that the arbitrator's assistant is employed by a law firm that allegedly represented interests that were adverse to Venezuela (Fabrica De Vidrios Los Andres C.A., et al. v. Bolivarian Republic of Venezuela, No. ARB/12/21, ICSID).

Mealey's Labor & Employment - Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court

NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).

Mealey's Litigation Procedure - Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court

NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Denial Of Stay In ITC Patent Case

NEW YORK - Efforts by Comcast Corp. to enjoin patent allegations pending against it before the International Trade Commission (ITC) were again unsuccessful on May 15, when a New York federal judge refused to reconsider an earlier order denying a preliminary injunction (Comcast Corporation v. Rovi Corporation, No. 16-3852, S.D. N.Y., 2017 U.S. Dist. LEXIS 73669).

Mealey's Litigation Procedure - Singapore Judge Affirms Denial Of Leave To Serve Order Enforcing PCA Award

SINGAPORE - A Singapore judge on May 8 affirmed a register's decision to deny a group of investors' ex parte application to serve an order enforcing an international arbitral award on the Kingdom of Lesotho's attorneys, finding that the State Immunity Act does not require granting leave to serve outside of the appropriate jurisdiction (Josias Van Zyl, et al. v. Kingdom of Lesotho, No. [2017] SGHC 104, Singapore Sup.).

Mealey's Litigation Procedure - ICSID Launches New Website Detailing Rule Amendment Project

WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICISD) on May 9 announced that it has launched a web page for its Rule Amendment Project.

Mealey's Litigation Procedure - ICSID Committee Rejects Argentina's Request To Annul $380M Award

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on May 8 released its decision rejecting an application filed by the Argentine Republic to annul a $380 million award issued in favor of claimants that invested in water distribution and waste water systems in Argentina (Suez, Sociedad General de Aguas de Barcelona S.A., and Vivendi Universal S.A. v. The Argentine Republic, No. ARB/03/19, ICSID).