THE HAGUE, The Netherlands - The Permanent Court of Arbitration (PCA) on Dec. 17 issued an award on jurisdiction, declining jurisdiction over arbitration brought by Philip Morris Asia Limited (Hong Kong) against the Commonwealth of Australia in relation to its tobacco packaging laws (Philip Morris Asia Limited [Hong Kong] v. The Commonwealth of Australia, No. 2012-12, PCA).
WILMINGTON, Del. - A Delaware federal bankruptcy judge on Dec. 16 rejected a request by three people who were exposed to asbestos but do not yet have an asbestos-related disease to represent a class of similar claimants in the Chapter 11 case of Energy Future Holdings Corp. (EFH) (In re: Energy Future Holdings Corp., No. 14-10979, D. Del. Bkcy.).
NEW YORK - Defendants/third-party plaintiffs in a reinsurance program dispute told a federal court in New York on Dec. 15 that they have uncovered new evidence that warrants the reconsideration of the dismissal of certain third-party claims (AmTrust North America, Inc., et al. v. Safebuilt Insurance Services, Inc., et al., No. 14-cv-9494, S.D. N.Y.).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 16 issued its first procedural order in an arbitration commenced by a Florida materials company against the Dominican Republic, outlining the procedural rules of the case (Corona Materials LLC v. Dominican Republic, No. ARB[AF]/14/3, ICSID).
PHILADELPHIA - In a Dec. 15 motion in Pennsylvania federal court, a plaintiff seeks to compel Angie's List Inc. to produce documents and information that she says go to the heart of her putative class action alleging deceptive marketing practices by the professional listings website operator (Janell Moore v. Angie's List Inc., No. 2:15-cv-01243, E.D. Pa.).
NEWPORT NEWS, Va. - A man on Dec. 17 announced he would appeal a Virginia federal judge's order excluding an expert's testimony regarding asbestos exposure from arc chutes and granting summary judgment to the product's manufacturer (Rorie N. Wilson v. AC&S Inc., et al., No. 14-91, E.D. Va.).
LOS ANGELES - An expert's opinion that a water tower's gray fuzzy material was asbestos and not the wood as the plaintiff called it is insufficient to create triable issues, a divided California appeals court panel held Dec. 15 (Kenneth Evans, et al. v. American Optical Corp., et al., No. B257665, Calif. App., 2nd Dist.).
PHILADELPHIA - In a Dec. 17 protective order motion filed in Pennsylvania federal court, The Coca-Cola Co. seeks to have discovery materials pertaining to its trade secrets and employees' personally identifying information (PII) designated confidential in a breach of contract lawsuit over stolen company laptops that contained PII (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).
HARRISBURG, Pa. - The liquidator of an insolvent insurer on Dec. 17 asked a Pennsylvania court to approve more than $90 million of undisputed claims to certain states' insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).
WASHINGTON, D.C. - An August 2015 ruling by the Federal Circuit U.S. Court of Appeals that relied upon the "change of law" exception to invalidate two patents as indefinite will stand, thanks to a denial Dec. 17 of a combined petition for rehearing and rehearing en banc (Dow Chemical Company v. NOVA Chemicals Corp., et al., Nos. 14-1431, -1462, Fed. Cir.; 2015 U.S. App. LEXIS 21924).
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 15 affirmed a federal judge in Texas' findings when sentencing and determining the amount of restitution two men found guilty of health care fraud and aggravated identity theft must pay, holding that the evidence presented at trial supported the convictions (United States of America v. Reginald Guy, et al., No. 14-11262, 5th Cir.; 2015 U.S. App. LEXIS 21901).
PHOENIX - A trial court did not err in granting summary judgment in favor of an insurer in an insurance breach of contract and bad faith lawsuit because an insured failed to show that the insurer did not attempt to honor the insured's claim for automobile insurance benefits, an Arizona Court of Appeals panel ruled Dec. 15 (Judith E. Indihar, as personal representative of the Estate of James L. Indihar, Jr. v. State Farm Mutual Automobile Insurance Co., No. 1 CA-CV 14-0621, Ariz. App., Div. 1; 2015 Ariz. App. LEXIS 1535).
LOS ANGELES - A federal judge in California on Dec. 16 ruled that a plaintiff land buyer who has not closed escrow on the purchase of a property that is contaminated as a result of dry cleaning operations on an adjacent property can pursue state law claims and a claim under the Resource Conservation and Recovery Act (RCRA), finding that the plaintiff has standing under Article III of the U.S. Constitution (Jim 72 Properties LLC v. Montgomery Cleaners, d/b/a Montgomery Cleaners & Pressers, et al., No. 15-cv-7543-ODW, C.D. Calif.; 2015 U.S. Dist. LEXIS 168374).
WASHINGTON, D.C. - A Delaware federal judge did not err in concluding that inventors, through repeated disparagement in the specification of their patent, disclaimed mobile devices containing "computer modules," the Federal Circuit U.S. Court of Appeals ruled Dec. 15 (Openwave Systems Inc., et al. v. Apple Inc., et al., No. 15-1108, Fed. Cir.; 2015 U.S. App. LEXIS 21637).
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 17 issued its decision in an arbitration commenced by the national electric company of Croatia against the Republic of Slovenia in relation to an agreement for the operation of a power plant, finding that it had jurisdiction to hear the dispute and ordering Slovenia to pay the company $31,686,893 (Hrvatska Elektroprivreda d.d. v. Republic of Slovenia, No. ARB/05/24, ICSID).
CHICAGO - The Equal Employment Opportunity Commission is incorrect in claiming that Section 707(a) of Title VII of the Civil Rights Act allows it to sue an employer without engaging in conciliation or alleging that the employer engaged in discrimination, a Seventh Circuit U.S. Court of Appeals panel ruled Dec. 17, holding that the agency must comply with all presuit procedures contained in Title VII Section 706 (Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653, 7th Cir.; 2015 U.S. App. LEXIS 21963).
BROOKLYN, N.Y. - Federal authorities on Dec. 17 arrested former hedge fund manager and pharmaceutical company CEO Martin Shkreli for his alleged role in orchestrating a Ponzi scheme from 2009 to 2014 and unsealed an indictment in New York federal court charging him with seven counts of securities fraud, securities fraud conspiracy and wire fraud conspiracy (United States of America v. Martin Shkreli, No. 15-637, E.D. N.Y.).
WILMINGTON, Del. - An auto parts company knew that it was consenting to jurisdiction in Delaware when it registered to do business there, and its consent negates due process concerns at the heart of a recent U.S. Supreme Court case, a couple pursuing an asbestos case told the Delaware Supreme Court on Dec. 15 (Genuine Parts Co. v. Ralph Allan Cepec and Sandra Faye Cepec., No. 528, 2015, Del. Sup.).
ST. LOUIS - A damages expert improperly based her damages on the entire market value of an accused wet and dry vacuum instead of apportioning damages to the patented feature she identified, a Missouri federal magistrate judge ruled Dec. 15, excluding in part the expert's testimony in a patent infringement lawsuit (Emerson Electric Co. v. Suzhou Cleva Electric Appliance Co., Ltd., et al., No. 13-1043, E.D. Mo.; 2015 U.S. Dist. LEXIS 167388).
ESPOO, Finland - Nokia Corp. on Dec. 17 announced that it expected that an award will be issued in an international arbitration case with Samsung by the end of January.
SILVER SPRING, Md. - The Food and Drug Administration on Dec. 16 said it is eliminating the risk evaluation and mitigation strategy (REMS) for type 2 diabetes medicines that contain rosiglitazone, known as Avandia.
PARIS - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Dec. 15 rejected a fourth request to disqualify an arbitrator submitted by the Bolivarian Republic of Venezuela, finding that he did not lack impartially (ConocoPhillips Petrozuata B.V., et al. v. Bolivarian Republic of Venezuela, No. ARB/07/30, ICSID).
AKRON, Ohio - A trial court did not err in allowing testimony of a forensic scientist and a chief toxicologist to testify on Pentedrone as a controlled substance analog, an Ohio appeals panel held Dec. 16, affirming convictions of aggravated trafficking (State of Ohio v. Harry E. Jackson, et al., Nos. 27132, 27133, 27158 & 27200, Ohio App., 9th Dist.; 2015 Ohio App. LEXIS 5066).