MINNEAPOLIS - A complaint by Mayo Clinic and Mayo Foundation for Medical Education and Research (Mayo, collectively) that seeks a declaration that Mayo did not infringe a copyrighted chart in an internal training session cannot proceed in Minnesota because the chart's author has not "purposefully directed" her activities there, a Minnesota federal judge ruled Sept. 27 (Mayo Clinic, et al. v. Enterprise Management Limited Inc. and Mary Lippitt, No. 17-941, D. Minn., 2017 U.S. Dist. LEXIS 158786).
CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 22 denied a petition for rehearing en banc filed by an employer that the appellate panel ruled was properly enjoined from changing health care benefits provided to workers who retired from a plant before its closing (International Union, United Automobile, Aerospace and Agricultural Implement Workers of America [UAW], et al. v. Kelsey-Hayes, Co., et al., No. 15-2285, 6th Cir., 2017 U.S. App. LEXIS 18365).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on Sept. 26 constituted a tribunal in an arbitration commenced by a group of exploration entities against the Italian Republic, asserting claims for violation of the Energy Charter Treaty (ECT) (Rockhopper Italia S.p.A., Rockhopper Mediterranean Ltd, and Rockhopper Exploration Plc v. Italian Republic, No. ARB/17/14, ICSID).
SAN JOSE, Calif. - A California company on Sept. 26 gave updates on three arbitration cases commenced by its subsidiary with the International Chamber of Commerce's International Court of Arbitration (ICC) against Toshiba Corp. in relation to disputes over flash-memory joint venture agreements and in which it seeks various injunctions prohibiting Toshiba from taking further actions.
PORTLAND, Ore. - An Oregon federal judge on Sept. 22 agreed to stay claim construction briefing in a patent case and strike a planned December claim construction hearing until the U.S. Patent and Trademark Office (PTO) agrees to grant or deny three petitions for inter partes review (IPR) of three patents (Reebok International Ltd. v. TRB Acquisitions LLC, No. 16-1618, D. Ore., 2017 U.S. Dist. LEXIS 155202).
HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Sept. 23 issued its final award in maritime boundary dispute between Ghana and Cote d'Ivoire, establishing specific coordinates for certain boundaries in the Atlantic Ocean and finding that Ghana did not violate the United Nations Convention on the Law of the Sea (UNCLOS) (Ghana v. Cote d'Ivoire, No. 23, ITLOS).
JERSEY CITY, N.J. - A six-year statute of limitations precludes a reinsurance intermediary's promissory estoppel, unjust enrichment and tortious interference counterclaims against an insurance and a reinsurance management services provider and an excess and surplus lines insurer, a New Jersey appeals panel affirmed Sept. 20 (Berkley Risk Solutions LLC, et al. v. Industrial Re-International Inc., et al., No. A-2366-15T1, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 2382).
SAN JOSE, Calif. - A California digital company on Sept. 20 announced that its subsidiaries have filed a notice of international arbitration against Toshiba Corp. in relation to flash-memory drive joint ventures.
ALBUQUERQUE, N.M. - A critical care emergency medical transport company is entitled to further jurisdictional discovery into the individuals involved in denying its health insurance claim and where a defendant defends suits, a federal magistrate judge held Sept. 18 (Med Flight Air Ambulance Inc. v. MGM Resorts International, et al., No. 17-246, D. N.M., 2017 U.S. Dist. LEXIS 151265).
WILLIAMSPORT, Pa. - No coverage is afforded for damages to an insured's property caused by the collapse of liquid propane tanks into a sinkhole because the sinkhole was caused by excess rainfall, which is clearly precluded under the policy's flood exclusion, a Pennsylvania federal judge said Sept. 18 in granting an insurer's motion for summary judgment on claims of breach of contract and bad faith (Heller's Gas Inc. v. International Insurance Company of Hannover Ltd., et al., No. 15-1350, M.D. Pa., 2017 U.S. Dist. LEXIS 151072).
ESPOO, Finland - Nokia Technologies on Sept. 18 announced that an international arbitral tribunal has issued a confidential award, resolving a dispute with an electronics company over a smartphone patent license.
NEW YORK - American International Group Inc.'s (AIG) former chief executive officer sufficiently alleged a defamation claim based on several public statements made by New York's former attorney general, a New York appeals panel affirmed Sept. 13 (Maurice R. Greenberg v. Eliot L. Spitzer, No. 1436/13, N.Y. App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 6422).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) was constituted Sept. 11 in an arbitration commenced by a precious metals exploration and development company against the Republic of Colombia (Eco Oro Minerals Corp. v. Republic of Colombia, No. ARB/16/41, ICSID).
NEW YORK - An investor has failed to show that an investment bank and two of its senior executives violated provisions of federal securities law by failing to adequately monitor the bank's internal controls in the wake of a former employees' massive securities fraud scheme, a federal judge in New York ruled on Sept. 8 in granting the defendants' motion to dismiss without prejudice (Gregory G. Barrett v. PJT Partners Inc., et al., No. 16-2841, S.D. N.Y., 2017 U.S. Dist. LEXIS 145781).
SAN FRANCISCO - A district court erred in finding that a disability plan administrator did not abuse its discretion in terminating a claimant's benefits because the plan failed to consider reliable evidence in support of the plan participant's claim, the Ninth Circuit U.S. Court of Appeals said Sept. 6 in reversing and remanding the lower court's ruling in favor of the plan (Sonia Cruz-Baca v. Edison International Long Term Disability Plan, No. 15-56921, 9th Cir., 2017 U.S. App. LEXIS 17214).
PARIS - The International Chamber of Commerce (ICC) on Sept. 6 announced that the first arbitral tribunals have been constituted as part of an expedited procedures provision of recently passed arbitration rules.
BALTIMORE - In the wake of a Fourth Circuit U.S. Court of Appeals ruling reinstating its constitutional challenge to the National Security Agency's (NSA's) upstream surveillance of international communications, Wikimedia Foundation in a Sept. 1 reply brief tells a Maryland federal court that discovery on the merits of its claims should be the next step in the remanded litigation (Wikimedia Foundation v. National Security Agency, et al., No. 1:15-cv-00662, D. Md.).
WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Aug. 31 lifted a provisional stay of a $379,802,267 award issued in favor of a group of resource companies, rejecting a request by the Republic of Ecuador to continue the stay pending the outcome of annulment proceedings (Burlington Resources Inc., et al. v. Republic of Ecuador, No. ARB/08/5, ICSID).
NEW ORLEANS - After finding that a Korean company's attachment of pig iron was valid under Louisiana law, the Fifth Circuit U.S. Court of Appeals on Sept. 1 vacated a district court's decision dissolving the attachment in favor of a German company that had already attached the same assets in a Louisiana state court (Daewoo International Corp. v. Thyssenkrupp Mannex GmBH, intervenor, No. 16-30984, 5th Cir., 2017 U.S. App. LEXIS 16916).
CHICAGO - An Illinois federal judge on Aug. 28 denied a motion for class certification filed in an Illinois woman's lawsuit accusing the maker of a baby seat of making deceptive claims about its product, finding the class to be overbroad and inappropriate for class certification under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3) (Elizabeth Clark, et al. v. Bumbo International Trust, No. 15-2725, N.D. Ill., 2017 U.S. Dist. LEXIS 137607).
WASHINGTON, D.C. - A law firm representing the owners of farms that were expropriated by the Republic of Zimbabwe on Aug. 29 announced that committees for the International Centre for Settlement of Investment Disputes (ICSID) recently issued a decision denying a request made by Zimbabwe for provisional measures and for a temporary stay of the award (Bernard Von Pezold and others v. Republic of Zimbabwe, No. ARB/10/15, Border Timbers Limited, et al. v. Republic of Zimbabwe, No. ARB/10/15).
CHICAGO - Two funeral home companies that were owned by the same parties, merged and then ceased operations were a single employer and failed to show that the combined employees amounted to one individual, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 28, rejecting the employer's attempt to claim that it properly repudiated the collective bargaining agreement (CBA) under the National Labor Relation Board's "one-man unit rule" (Cremation Society of Illinois, Inc. v. International Brotherhood of Teamsters Local 727, No. 16-2322, 7th Cir., 2017 U.S. App. LEXIS 16449).