LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - ICSID Grants Stay, Orders Tanzanian Entity To Pay $148M Security

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).

Mealey's PI/Product Liability - Baxter Gets Subpoena In Antitrust Grand Jury Probe Of IV Products

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.

Mealey's Labor & Employment - 2nd Circuit Panel: ERISA Plaintiff Failed To Exhaust Administrative Procedures

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).

Mealey's Litigation Procedure - ICSID Registers Case Seeking To Annul Award For Indonesia

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).

Mealey's Litigation Procedure - Court: IRS Must Disclose Tax Returns Of Tribal Workers In Classification Dispute

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).

Mealey's Litigation Procedure - Companies Settle Arbitration Case Over Colombia Mine Dispute

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.

Mealey's IP/Tech - New Jersey Federal Judge Grants Howard Johnson Judgment Against Franchisee

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).

Mealey's Litigation Procedure - Mining Company Seeks To Annul ICSID Award In Favor Of Indonesia

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).

Mealey's Litigation Procedure - Judge: Expert Testimony Is Relevant, Reliable In Weight Loss Drug Trademark Suit

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).

Mealey's Labor & Employment - 9th Circuit: Cab Drivers Working The Phoenix Airport Are Not Employees

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).

Mealey's Litigation Procedure - ICSID Grants Request To Discontinue Pipeline Case Filed Against United States

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).

Mealey's Litigation Procedure - 9th Circuit: Cab Drivers Working The Phoenix Airport Are Not Employees

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).

Mealey's Litigation Procedure - Judge Bars Damages Opinion On Flooding, Grants Judgment On Classwide Stigma Damages

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).

Mealey's Litigation Procedure - Judge Confirms $1.2B ICSID Award, Dismisses Venezuela's Motion To Vacate

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).

Mealey's Litigation Procedure - Energy Firm Says It Will File SIAC Arbitration Over Shares In Mine

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.

Mealey's IP/Tech - 9th Circuit Dismisses Appeal In Coverage Dispute Over Trademark Claims

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).

Mealey's Insurance - 9th Circuit Dismisses Appeal In Coverage Dispute Over Trademark Claims

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).

Mealey's Securities/D&O Liability - Judge: SEC Proxy Statement For Acquisition Deal Was Misleading, Material

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).

Mealey's Bankruptcy - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

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.).

Mealey's PI/Product Liability - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

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.).

Mealey's PI/Product Liability - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

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).

Mealey's IP/Tech - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

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).

Mealey's Litigation Procedure - ICSID Finds Pakistan Violated Treaty, Will Proceed To Damages Phase

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.

Mealey's Toxic Tort/Environmental - N.Y. Justice: Wisconsin Dissolution Law Bars Suit Against Special Electric

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.).

Mealey's Litigation Procedure - ICSID Dismisses Eli Lilly's Claims Against Canada For Patent Invalidation

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).