Judge Rejects Challenge To LCIA’s Dismissal Of Employee’s $1.3M Bonus Claim
LONDON — An English judge on May 20 denied the former director of a Russian company’s challenge of a London Court of International Arbitration (LCIA) arbitrator’s ruling dismissing the director’s claim for an unpaid bonus worth $1.3 million for lack of jurisdiction, writing that the arbitrator properly found the alleged incentive agreement was fraudulently backdated and therefore invalid.
COPD Ruling, Expert’s ‘Contaminated House’ Opinions Feature In Asbestos Case
NEW ORLEANS — A defense expert may testify that a man suffers from chronic obstructive pulmonary disease (COPD) in addition to other asbestos-related illnesses, a federal judge in Louisiana said May 19 in denying a motion to exclude. In other developments, the court announced that the man had settled with Shell USA Inc. and asked the court to reconsider summary judgment on a nonintentional tort claim, and the parties wrapped briefing on a plaintiff expert’s “contaminated house” testimony.
Panel Affirms Order Issued Against Insurance Mogul’s Interest In Holding Company
RALEIGH, N.C. — The Court of Appeals of North Carolina on May 20 affirmed a lower court order granting a motion for a charging order filed by a life insurance company against the economic interest of former insurance mogul, Greg Lindberg, in his holding company, Global Growth Holdings LLC, finding that the lower court had statutory authority to issue the charging order and “was not required to establish in rem or quasi in rem jurisdiction over Global because charging orders are not directed at foreign LLCs but rather concern the judgment-debtor’s personal property.”
3rd Circuit: Judge Improperly Analyzed Jurisdiction Before Tossing Copyright Claim
PHILADELPHIA — A Pennsylvania federal judge did not properly analyze whether alleged infringers’ shipments of products with copyrighted art to Pennsylvania established personal jurisdiction before dismissing an artist’s copyright infringement suit against dozens of foreign entities, a Third Circuit U.S. Court of Appeals panel held May 19, vacating the dismissal.
Judge Approves Settlement Of Wells Fargo Discrimination Derivative Class Action
SAN FRANCISCO — A federal judge in California issued an order granting final approval to a settlement to end shareholders’ derivative class action against Wells Fargo & Co. over allegedly discriminatory lending and hiring practices.
U.S. To Settle With Remaining Defendants In Idaho CERCLA Asbestos Cleanup Case
POCATELLO, Idaho — The remaining two defendants named in a federal lawsuit filed by the United States seeking reimbursement of response costs incurred for cleanup of hazardous materials under the Comprehensive Environmental Response, Compensation, and Liability Act at a shuttered Idaho industrial site stemming from the demolition of two buildings damaged by fire in a pair of proposed May 18 consent decrees agreed to pay a total of $360,000 to settle the claims, with one defendant set to pay significantly less than the other due to financial constraints.
Split Colorado Supreme Court Orders Injunction In Gender-Affirming Care Case
DENVER — A Colorado trial court erred in its application of the preliminary injunction test in Rathke v. MacFarlane, a divided Colorado Supreme Court ruled May 18, directing the trial court to issue a preliminary injunction in the class case ordering Children’s Hospital Colorado (CHC) “to restore its offering of medically necessary gender-affirming care, pending a decision on the merits” of the case brought by minor patients after CHC suspended such care due to a risk of losing hundreds of millions of dollars in federal funding.
Monsanto Settles PCB Claims With 2 States For A Combined Minimum Of $133 Million
LEVERKUSEN, Germany — Bayer AG on May 18 announced settlements with Michigan and Rhode Island for potential claims by the states related to polychlorinated biphenyls (PCBs) pollution. The settlements have a combined total minimum payment of $133 million, with the possibility of additional contingent payments tied to an indemnity lawsuit that Monsanto Co. filed against companies that it says agreed to cover certain liabilities from PCBs.
Massachusetts Federal Jury Hits Takeda With $474M Verdict In Antitrust Class Action
BOSTON — A federal jury in Massachusetts on May 18 found Takeda Pharmaceuticals USA Inc. liable for $474.89 million in damages in a class action alleging that the pharmaceutical company violated federal and state antitrust laws by working with a competitor to delay the availability of a generic version of its drug to treat irritable bowel syndrome and chronic constipation.
4th Circuit Says Express Scripts Entitled To Jury Trial In W.Va. Opioid Case
RICHMOND, Va. — Express Scripts is entitled to a jury trial over allegations that the pharmacy benefits manager contributed to an “oversupply” of prescription opioids throughout West Virginia, the Fourth Circuit U.S. Court of Appeals held, granting in part a petition for a writ of mandamus.
Panel: Diversity Jurisdiction Lacking In Coverage Dispute Over Negligence Claim
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals held that there is not complete diversity of citizenship between parties in a lawsuit seeking a declaration that a professional and general liability insurer has a duty to defend its nonemergency medical transport company insured against an underlying negligence action, vacating a lower federal court’s dismissal of the lawsuit and remanding for the trial court to consider first whether the parties should be realigned.