NEW YORK - The Kingdom of Spain on Aug. 18 filed its reply in the U.S. District Court for the Southern District of New York to two investors' arguments challenging its motion to vacate a petition to confirm a $146,079,996 international arbitration award issued in relation to investments in solar power projects, arguing that the court has jurisdiction only under the Foreign Sovereign Immunities Act of 1976 (FSIA) (Eiser Infrastructure, et al. v. Kingdom of Spain, No. 17-3808, S.D. N.Y.).
SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Aug. 10 announced that it has opened a new office in India.
DUBLIN, Ireland - Endo International plc on Aug. 7 announced that it has reached agreements to resolve "virtually all known" pelvic mesh product liability claims in the United States and intends to increase its second quarter product liability accrual by $775 million to cover the settlements.
WASHINGTON, D.C. - An English mining company on Aug. 3 released an update on annulment proceedings filed by it currently pending before the International Centre for Settlement of Investment disputes (ICSID), noting that it has passed a resolution to give effect to a required security pledge and that the stay of the award will remain in place (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
NEW YORK - A federal judge in New York on July 28 substantially denied dismissal of claims in a securities class action lawsuit against a specialty pharmaceutical company and certain of its current and former executive officers and directors, ruling that a shareholder has shown that the defendants violated federal securities laws by concealing a significant downsizing of its salesforce for one of its drugs, as well as the exclusion of the drug from the formularies of several of the nation's largest health insurers (Andrew Meyer v. Concordia International Corp., et al., No. 16-6467, S.D. N.Y., 2017 U.S. Dist. LEXIS 119436).
BOSTON - A Russian company on July 26 filed a petition to confirm an international arbitral award issued in its favor and against a Massachusetts company, seeking enforcement of the $280,493 award of damages in its favor (Nanoelectro Research and Production Co. v. Alphysica Inc., No. 1:17-cv-11378, D. Mass.).
SAN FRANCISCO - A California federal judge on July 25 agreed to permit Oracle America Inc. to amend its complaint against Hewlett Packard Enterprise Co. (HPE) to address a California magistrate judge's November 2016 ruling that Oracle's allegations of international copyright infringement were inadequately pleaded (Oracle America Inc. v. Hewlett Packard Enterprise Company, No. 16-1393, N.D. Calif., 2017 U.S. Dist. LEXIS 116298).
NEW YORK - A global finance and investment firm on July 22 announced that it is entitled to about $140 million from a recent arbitral award issued by the International Centre for Settlement of Investment Disputes (ICSID) in a treaty dispute between two Spanish companies and the Argentine Republic.
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).
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).
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).
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.).
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.).
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).
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).
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).
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).
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).
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).