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ICSID Refuses To Award Damages On Treaty Claims Against Romania
WASHINGTON, D.C. - A tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on May 6 issued an award in a dispute over an investment in an oil refinery, finding that a...
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'Girls Gone Wild' Trustee: Offshore Transfers Fraudulent; Immediate Action...
LOS ANGELES - The Chapter 11 trustee in the bankruptcy proceeding of GGW Brands LLC, the parent company for the company that produces adult videos under the name "Girls Gone Wild," on May 8 filed an...
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9th Circuit Denies Rehearing For Ex-InterMune Chief In Wire Fraud Conviction
SAN FRANCISCO - Former InterMune Inc. CEO W. Scott Harkonen, M.D., on May 7 failed to get any of the 29 judges in the Ninth Circuit U.S. Court of Appeals to vote for an en banc rehearing of his appeal...
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New York Justice Consolidates 15 Asbestos Cases Into 3 Trial Groups
NEW YORK - Fifteen asbestos actions may proceed to trial in three groups consolidated around work histories, a New York justice held in an opinion posted May 7 (In re: New York City Asbestos...
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Plan May Seek Reimbursement From Special Needs Trust, En Banc 5th Circuit Rules
NEW ORLEANS - A divided en banc Fifth Circuit U.S. Court of Appeals on May 7 held that the Employee Retirement Income Security Act permits health plan fiduciaries to seek reimbursement for medical...
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Montana Majority Reverses $1.2M Attorney Fee Award In Suit Arising From Suicide
HELENA, Mont. - A majority of the Montana Supreme Court on May 7 reversed a lower court's $1,188,399.45 attorney fee award against a commercial general liability insurer and an excess insurer in a...
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2nd Circuit Upholds Dismissal Of False Advertising Class Action Against ISP
NEW YORK - Deceptive advertising, computer fraud and related claims brought against Time Warner Cable in a putative class action "lack facial plausibility sufficient to withstand a motion to dismiss,"...
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11th Circuit Upholds Employer's Right To Order Psychological Evaluation
ATLANTA - Requiring an employee to undergo a psychiatric/psychological fitness-for-duty evaluation does not violate the Americans with Disabilities Act, the 11th Circuit U.S. Court of Appeals ruled May...
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Judge: Expert Qualified To Testify On Contamination From Refinery's Operations
ST. CROIX, Virgin Islands - A federal judge presiding over an environmental contamination suit stemming from refinery operations in the Virgin Islands on May 8 ruled that an expert for the plaintiffs...
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City: Monster Beverage Corp. Markets 'Highly-Caffeinated' Drinks To Children
SAN FRANCISCO - Monster Beverage Corp. violates the California unfair competition law (UCL) by marketing "highly-caffeinated" energy drinks to children despite demonstrated health risks, according to a...
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Federal Agency: Commodities Claims Should Not Be Subordinated In MFGH Case
NEW YORK - The U.S. Commodity Futures Trading Commission (CFTC) on May 9 filed a brief in the Chapter 11 bankruptcy of MF Global Holdings Ltd. (MFGH) opposing the amended 13th objection of proponents...
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Federal Judge Says Camera Makers Don't Infringe In Patent MDL
WASHINGTON, D.C. - A motion for summary judgment in a patent multidistrict litigation (MDL) was granted May 8 by a District of Columbia federal judge, who found that numerous accused digital cameras do...
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Judge Dismisses Insurer's Indemnity Claim, Allows Duty To Defend Claim
MONTGOMERY, Ala. - An insurance company may pursue its claim against an insured and homeowners for a declaration regarding its duty to defend a construction defect case, an Alabama federal judge ruled...
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Federal Judge Denies Judgment On Employees' Mold-Related Exposure Claims
ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on May 8 refused to grant summary judgment to a group of employees who alleged that they suffered injuries as a result of mold exposure at...
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2nd Circuit Agrees Man's Failure-To-Warn Claims Were Properly Dismissed
NEW YORK - The Second U.S. Circuit Court of Appeals on May 7 upheld summary judgment for a product manufacturer facing personal injury claims in a workplace accident case, agreeing that the plaintiff...
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Arizona Appeals Court: State Agency Properly Denied Company's Request For Funds
PHOENIX - An Arizona appeals panel on May 7 affirmed the Arizona Department of Environmental Quality's (ADEQ) decision to deny an oil company's request for additional funds from the State Assurance...
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Shareholders Say Presuit Demand On Company's Subsidiary Is Not Necessary
CHICAGO - Shareholders told an Illinois federal court on May 6 that presuit demand upon the board of a wholly owned subsidiary of a financial company is not required before filing suit against the...
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Agency, Insurer Negligently Misrepresented Coverage, Louisiana Panel Affirms
LAKE CHARLES, La. - A Louisiana appeals panel on May 1 affirmed a lower court's $50,000 judgment in favor of insureds in their lawsuit alleging that negligent misrepresentations by their insurance...
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4th Proof Of Loss In Hurricane Ike Coverage Suit Is Untimely, Magistrate Says
GALVESTON, Texas - An insured's fourth proof of loss seeking coverage for property damage caused by Hurricane Ike is untimely, a Texas federal magistrate judge ruled April 12, granting the federal...
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State Farm Seeks To Dismiss Claims, New Trial In False Claims Act Dispute
GULFPORT, Miss. - State Farm Fire and Casualty Co. on May 6 filed a renewed motion for judgment and, alternatively, for a new trial nearly one month after a Mississippi federal jury found that the...
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