WASHINGTON, D.C. - An ad hoc Committee for the International Center for Settlement of Investment Disputes (ICSID) on April 17 granted a request by a Tanzanian electric supply company to stay the enforcement of a $148.4 million arbitral award pending the outcome of its application to annul the decision but ordered it to post a security guarantee in the full amount of the award (Standard Chartered Bank v. Tanzania Electric Supply Co., No. ARB/10/12, ICSID).
DEERFIELD, Ill. - Baxter International Inc. on April 14 reported that an employee has received a grand jury subpoena pursuant to an antitrust criminal investigation taking place in the U.S. District Court for the Eastern District of Pennsylvania.
NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 10 affirmed a New York federal judge's ruling that a plaintiff in an Employee Retirement Income Security Act lawsuit failed to exhaust a pension plan's internal administrative procedures before filing suit (Kevin McCulloch v. Board of Trustees of the SEIU Affiliates Officers and Employees Pension Plan, et al., No. 16-1374, 2nd Cir., 2017 U.S. App. LEXIS 6099).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on April 11 registered an application for annulment filed by an English mining company that seeks to annul an award that granted an application filed by the Republic of Indonesia to dismiss an arbitration against it (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
WASHINGTON, D.C. - A Native American tribe can seek through discovery tax return information from the Internal Revenue Service for people who worked for the tribe in an effort to avoid paying withholding taxes for workers the IRS reclassified from contractors to employees, the U.S. Tax Court held April 5 (Mescalero Apache Tribe v. Commissioner of Internal Revenue, No. 28120-14, U.S. Tax, 2017 U.S. Tax Ct. LEXIS 12).
LONDON - An English mining company on April 5 announced that its subsidiary and a Colombian milling company have entered into a settlement, completely resolving an international arbitration case.
NEWARK, N.J. - A New Jersey federal judge on April 3 granted Howard Johnson International Inc.'s (HJI) unopposed motion for summary judgment on breach of contract, breach of guarantee and Lanham Act claims against a franchisee, saying the franchisee did not provide any information refuting HJI's claims (Howard Johnson International Inc. v. SSR Inc., et al., No. 14-4611, D. N.J., 2017 U.S. Dist. LEXIS 51109).
WASHINGTON, D.C. - A mining company on April 4 announced that it is seeking to annul an award issued by the International Tribunal for Settlement of Investment Disputes (ICSID) that granted an application filed by the Republic of Indonesia to dismiss an arbitration that was commenced over the revocation of mining licenses (Churchill Mining PLC v. Republic of Indonesia, No. ARB/12/14 and ARB/12/40, ICSID).
SAN DIEGO - A California federal judge on March 29 allowed rebuttal expert testimony in a trademark lawsuit over the quality of a weight loss supplement because the expert is qualified and her testimony is relevant and based on reliable methods (Obesity Research Institute LLC v. Fiber Research International LLC, et al., No. 15-595, S.D. Calif., 2017 U.S. Dist. LEXIS 46999).
SAN FRANCISCO - Taxi drivers who lease cabs to pick up passengers at Phoenix Sky Harbor International Airport in Arizona are in business for themselves and not economically dependent on AAA Cab Service Inc. and are not employees under federal or state law, the Ninth Circuit U.S. Court of Appeals ruled March 27 in the drivers' consolidated class action, affirming a trial court's grant of summary judgment in AAA Cab (Ivan Pentchev Iontchev, et al. v. AAA Cab Service, Inc., et al., No. 15-15789, 9th Cir., 2017 U.S. App. LEXIS 5326).
WASHINGTON, D.C. - The International Centre for Settlement of Investment Disputes (ICSID) on March 27 released its order discontinuing an arbitration commenced by two Canadian entities that sought damages from the United States in relation to their investment in a crude oil pipeline (TransCanada Corporation & TransCanada PipeLines Limited v. The Government of The United States, No. ARB/16/21, ICSID).
PENSACOLA, Fla. - Allowing expert testimony on the cause of flooding to neighborhoods but excluding testimony on damages due to an error in methodology, a Florida federal judge on March 25 simultaneously granted homeowners class certification on the issue of liability and granted summary judgment to a paper mill company as to classwide stigma damages (John Navelski, et al. v. International Paper Co., No. 14-445, N.D. Fla., 2017 U.S. Dist. LEXIS 44411).
WASHINGTON, D.C. - A District of Columbia federal judge on March 25 granted a Canadian mining company's petition to confirm a $1.2 billion arbitral award issued by an international tribunal, rejecting the Republic of Venezuela's challenges to the award (Crystallex International Corp. v. Bolivarian Republic of Venezuela, No. 16-0661, D. D.C., 2017 U.S. Dist. LEXIS 43697).
SUBIACO, Western Australia - An Australian energy firm on March 23 announced that it will commence arbitration with the Singapore International Arbitration Centre (SIAC) against a uranium holding company, asserting claims related to a notice requesting that it determine the value of its shares in a mine.
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 dismissed an insured's appeal in an advertising injury coverage dispute after a lower federal court determined on remand that it lacked subject matter jurisdiction over the case (Vogue International, LLC, d.b.a. Vogue International v. Hartford Casualty Insurance Co., No. 14-56394, 9th Cir., 2017 U.S. App. LEXIS 5011).
PORTLAND, Ore. - Dismissal of a securities class action against a company and its board of directors for allegedly omitting key information in the Securities and Exchange Commission proxy statement for a proposed acquisition deal in an effort to have the company's stock sell for a lesser price is not proper because lead plaintiffs have shown that the proxy statement was both misleading and material, a federal judge in Oregon ruled March 20 in denying the defendants' motion to dismiss (Elia Azar, et al. v. Blount International Inc., et al., No. 16-483, D. Ore., 2017 U.S. Dist. LEXIS 39493).
NEW YORK - An asbestos action filed outside Wisconsin's two-year window for suing Special Electric Co. Inc. after its dissolution is untimely, and an earlier motion to reopen and enforce its bankruptcy plan does not save the case, a New York justice held in an opinion posted March 21 (In re: New York City Asbestos Litigation, Thomas McGlynn v. Aerco International Inc., No. 190219/2016, 2017 N.Y. Misc. LEXIS 900, In re: New York City Asbestos Litigation, Bertle Stromholm, et al. v. Aerco International Inc., No. 190177/2016, N.Y. Sup., New York Co.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on March 20 issued its final award in a dispute over Canadian drug patents, dismissing all of a pharmaceutical company's claims and finding that the invalidation of the patents by Canadian courts did not constitute violations of the North American Free Trade Agreement (NAFTA) (Eli Lilly and Company v. Government of Canada, No. UNCT/14/2, ICSID).
TORONTO - The owner of a joint copper mining venture on March 21 said the International Centre for Settlement of Investment Disputes (ICSID) has found that the Islamic Republic of Pakistan violated a treaty in relation to a dispute over mining licenses.