LexisNexis® Legal Newsroom
Mealey's IP/Tech - Federal Circuit Affirms: Electronic Trading Method Is Patent Eligible

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Jan. 18 upheld findings by an Illinois federal judge that two patents directed to a method of electronic trading do not claim ineligible subject matter under 35 U.S. Code Section 101 (Trading Technologies International Inc. v. CQG Inc., et al., No. 16-1616, Fed. Cir.; 2017 U.S. App. LEXIS 834).

Mealey's Litigation Procedure - 2nd Circuit Vacates Decision Refusing To Enforce $48M ICC Award

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 18 vacated a district court's decision to refuse enforcement of a $48 million arbitral award issued by the International Chamber of Commerce's (ICC) International Court of Arbitration, finding that a group of Brazilian companies was not required to first attempt to confirm the award before seeking enforcement (CBF Industria de Gusa S/A, et al. v. AMCI Holdings Inc., No. 15-1133, 15-1146, 2nd Cir.; 2017 U.S. App. LEXIS 899).

Mealey's IP/Tech - Texas Federal Judge Denies Summary Judgment On Dilution Claim

HOUSTON - Although granting Viacom International Inc. summary judgment on allegations that a proposed "The Krusty Krab" restaurant would represent trademark infringement, a Texas federal judge on Jan. 11 denied Viacom's request as it relates to trademark dilution (Viacom International Inc. v. IJR Capital Investments LLC, No. 16-257, S.D. Texas.; 2017 U.S. Dist. LEXIS 3948).

Mealey's PI/Product Liability - Baxter Healthcare Pays $18.15M For Manufacturing Violations, False Claims

ASHEVILLE, N.C. - Baxter Healthcare Corp. has agreed to pay $18.15 million in criminal and civil penalties to resolve allegations that it continued to manufacture and sell intravenous (IV) solutions made in a clean room outfitted with moldy air filters, the U.S. Justice Department announced Jan. 12 (United States of America v. Baxter Healthcare Corporation, No. 17-10, United States of America v. $8,000,000 in Funds, et al., No. 15-cv15, and United States ex rel. Christopher Wall v. Baxter International, Inc., et al., No. 13-42, W.D. N.C.).

Mealey's Litigation Procedure - Judge: Investors Failed To Plead Facts Supporting Misrepresentation Claims

NEW YORK - Lead plaintiffs in a securities class action lawsuit against a Chinese online retailer and others have failed to plead any actionable misrepresentations or omissions in support of their claim that the defendants concealed their intention to shut down the company's beauty supply marketplace in violation of federal securities laws, a federal judge in New York ruled Jan. 10 in granting the defendants' motion to dismiss certain claims (In re Jumei International Holding Limited Securities Litigation, No. 14-9826, S.D. N.Y.; 2017 U.S. Dist. LEXIS 3206).

Mealey's Litigation Procedure - Federal Judge Refuses General Electric's Request For ICC Arbitration

NEW YORK - A New York federal judge on Jan. 10 refused to compel arbitration before the International Chamber of Commerce (ICC) International Court of Arbitration of a dispute over the purchase of a rail-signaling business, finding that the terms of the agreement require that the case be determined by an independent accounting firm (IAF) (Alstom, et al. v. General Electric Company, No. 16-CV-3568, S.D. N.Y.; 2017 U.S. Dist. LEXIS 3188).

Mealey's Securities/D&O Liability - Judge: Investors Failed To Plead Facts Supporting Misrepresentation Claims

NEW YORK - Lead plaintiffs in a securities class action lawsuit against a Chinese online retailer and others have failed to plead any actionable misrepresentations or omissions in support of their claim that the defendants concealed their intention to shut down the company's beauty supply marketplace in violation of federal securities laws, a federal judge in New York ruled Jan. 10 in granting the defendants' motion to dismiss certain claims (In re Jumei International Holding Limited Securities Litigation, No. 14-9826, S.D. N.Y.; 2017 U.S. Dist. LEXIS 3206).

Mealey's IP/Tech - Federal Circuit Reverses Indefiniteness Holding, Judgment In Patent Case

WASHINGTON, D.C. - An Illinois federal judge erroneously granted a defendant summary judgment that myriad claims of a patented method for using a graphical indicator to encode information are invalid as indefinite, the Federal Circuit U.S. Court of Appeals ruled Jan. 5 (Sonix Technology Co. Ltd. v. Publications International Ltd., et al., No. 16-1449, Fed. Cir.).

Mealey's Litigation Procedure - Federal Judge Confirms $52M ICC Award Against Hellenic Republic

WASHINGTON, D.C. - After a recent decision by the Supreme Court of Hellenic Republic to set aside an annulment of an international arbitral award issued in favor of a technology development company, a District of Columbia federal judge on Jan. 5 granted a petition to confirm the $52,087,465.69 award against the republic (Science Applications International Corp. v. The Hellenic Republic, No. 1:13-cv-01070, D. D.C.).

Mealey's Litigation Procedure - Judge Refuses To Reconsider Ruling Allowing Warranty Claim Against Window Maker

GULFPORT, Miss. - A federal judge in Mississippi on Jan. 3 denied a window manufacturer's motion to reconsider his Nov. 30 decision denying the defendant company's request for summary judgment on plaintiffs' breach of implied warranty of merchantability claim, holding that he properly applied the Mississippi Supreme Court's ruling in Hargett v. Midas International Corp. (508 So.2d 663 [Miss. Sup. 1987]) (Joan Cravens Inc., et al. v. Deas Construction Inc., d/b/a Deas Millwork Co., et al., No. 15-cv-00385, S.D. Miss.).

Mealey's Litigation Procedure - SIAC Releases New Investment Arbitration Rules For 2017

SINGAPORE - The Singapore International Arbitration Centre (SIAC) on Dec. 30 announced that it has released new rules for conducting international arbitrations.

Mealey's PI/Product Liability - Judge Refuses To Reconsider Ruling Allowing Warranty Claim Against Window Maker

GULFPORT, Miss. - A federal judge in Mississippi on Jan. 3 denied a window manufacturer's motion to reconsider his Nov. 30 decision denying the defendant company's request for summary judgment on plaintiffs' breach of implied warranty of merchantability claim, holding that he properly applied the Mississippi Supreme Court's ruling in Hargett v. Midas International Corp. (508 So.2d 663 [Miss. Sup. 1987]) (Joan Cravens Inc., et al. v. Deas Construction Inc., d/b/a Deas Millwork Co., et al., No. 15-cv-00385, S.D. Miss.).

Mealey's Litigation Procedure - ICSID Adopts Settlement Resolving Bondholders' Arbitration Against Argentina

WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 29 released its consent award adopting a settlement agreement resolving all claims asserted by thousands of Italian bondholders related to defaulted bonds and the Argentine Republic (Abaclat and others v. The Argentine Republic, No. ARB/07/05, ICSID).

Mealey's Litigation Procedure - D.C. Circuit Dismisses Nigeria's Appeal Of $11.2 Million ICC Award

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 27 affirmed a district court's decision to confirm a $11.2 million arbitral award issued by the International Chamber of Commerce (ICC) International Court of Arbitration in favor of a power company, finding that the Federal Republic of Nigeria failed to show that confirmation of the award was not manifestly unjust (Enron Nigeria Power Holding Ltd. v. Federal Republic of Nigeria, No. 15-7121, D.C. Cir.; 2016 U.S. App. LEXIS 23276).

Mealey's Insurance - Federal Judge: Preliminary Injunction Not Warranted In Environmental Dispute

INDIANAPOLIS - A preliminary injunction prohibiting an insurer from changing an insured's defense counsel and environmental consultant is not warranted because the insured failed to prove that it will be irreparably harmed if the insurer is permitted to choose the insured's defense counsel and environmental consultant, an Indiana federal judge said Dec. 27 (CMW International LLC, et al. v. Amerisure Insurance Co., No. 16-1384, S.D. Ind.; 2016 U.S. Dist. LEXIS 178603).

Mealey's Litigation Procedure - ICSID Partially Grants Annulment For Venezuela, Affirms $36M Damages Ruling

WASHINGTON, D.C. - An ad hoc Committee for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 28 released its decision on an application for annulment of an award issued in favor of several marine transportation services entities, annulling a portion of the award in which the tribunal failed to state its reasons on an estimation in the value of a business, but affirmed a $36.3 million award of damages (Tidewater Inc., et al. v. The Bolivarian Republic of Venezuela, No. ARB/10/5, ICSID).

Mealey's Litigation Procedure - Committee Refuses To Annul $39M Award For SAUR International

WASHINGTON, D.C. - An ad hoc committee of the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 19 released its decision refusing to annul a $39 million award plus interest that was issued in favor of a French company against the Argentine Republic in relation to its investment in a water and sewage concession (SAUR International v. Argentine Republic, No. ARB/04/4, ICSID).

Mealey's Securities/D&O Liability - Goldman Sachs To Pay $120M To CFTC For Attempted Manipulation Of ISDAFIX Rate

WASHINGTON, D.C. - Goldman Sachs Group Inc. and Goldman, Sachs & Co. will pay $120 million to settle claims filed by the Commodity Futures Trading Commission (CFTC) that they attempted to manipulate the U.S. Dollar International Swaps and Derivatives Association Fix (ISDAFIX) in violation of provisions of the Commodity Exchange Act (CEA), according to a CFTF order filed Dec. 21 (In the Matter of Goldman Sachs Group Inc., et al., No. 17-03, CFTF).

Mealey's Litigation Procedure - English Court Rejects Appeal Of Order Enforcing $72M London Award

LONDON - An England and Wales court on Dec. 19 rejected the appeal of an investor in a Moscow real estate project of a judgment enforcing a $72,243,000 arbitral award issued in favor of another investor by the London Court of International Arbitration (LCIA), finding that the judge did not err in his interpretation that an underlying arbitration clause existed (Ashot Yegiazaryan v. Vitaly Ivonovich Smagin, No. [2016] EWCA Civ 1290, England and Wales App.).

Mealey's Litigation Procedure - ICSID Issues Award Against Hungary On Claims Related To Meal Vouchers

WASHINGTON, D.C. - A French social benefit company on Dec. 16 said a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) has awarded it 23 million euros in a dispute with Hungary over a meal voucher program (Edenred S.A. v. Hungary, No. ARB/13/12, ICSID).

Mealey's Litigation Procedure - PCA Reaches Cooperation Agreement With Bangladesh Arbitration Centre

DHAKA, Bangladesh - The Permanent Court of Arbitration (PCA) on Dec. 15 said it has entered a cooperation agreement with the Bangladesh International Arbitration Centre (BIAC).

Mealey's Bankruptcy - Trust, FCRs Dispute Changes To Rule 2019 Access For Honeywell, Ford

WILMINGTON, Del. - An asbestos personal injury trust and two representatives of future asbestos claimants on Dec. 15 asked a Delaware federal bankruptcy judge to reconsider or vacate an order allowing the release of asbestos trust claimant information to Honeywell International Inc. and Ford Motor Co. while eliminating a full review and redaction process for the information (In re W.R. Grace & Co., et al., No. 01-01139; In re Owens Corning, No. 00-3837; In re Armstrong World Industries, Inc., No. 00-4471; In re USG Corp., No. 01-2094; In re US Minerals Products Company, No. 01-2471; In re Kaiser Aluminum Corp., No. 02-10429; In re ACandS, Inc., No. 02-12687; In re Combustion Engineering, Inc., No. 03-10495; In re The Flintkote Company, No. 04-11300, D. Del. Bkcy.).

Mealey's Litigation Procedure - ICSID Issues Decision Granting Shipping Company's Request For Interest

PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 13 issued its ruling granting a request by a shipping company and others to amend an award in an arbitration with the Republic of Guinea to account for interest (Getma International and others v. Republic of Guinea, No. ARB/11/29, ICSID).

Mealey's Insurance - New Jersey High Court Agrees To Review Allocation Ruling In Asbestos Coverage Dispute

TRENTON, N.J. - The New Jersey Supreme Court on Dec. 12 agreed to hear an appeal concerning whether New Jersey law applies to insurance allocation determinations in an asbestos coverage dispute and whether the insured has to share in those coverage allocations after excess coverage for the asbestos bodily injury claims was no longer available (Continental Insurance Co., et al. v. Honeywell International Inc., et al., No. A-21-16, N.J. Sup.).

Mealey's Litigation Procedure - Federal Magistrate Determines Memos, Emails Are Protected Under Work Product Doctrine

CHICAGO - An Illinois federal magistrate judge on Dec. 13 denied an insurer's motion to compel the production of unredacted documents and emails after determining that the documents and emails are protected under the work product doctrine because they were prepared in anticipation of litigation regarding coverage for the contamination of the insured's blood products (Baxter International Inc., v. AXA Versicherung, No. 11-cv-09131, N.D. Ill.; 2016 U.S. Dist. LEXIS 172234).