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  • January 8, 2019

    Enbridge Unit In Catch-22 In Pipeline Fight: 1st Circ.

    First Circuit judges wondered during oral arguments Tuesday whether a Massachusetts town could use state regulators to ensnare a unit of Enbridge Inc. in a Catch-22 in the town's efforts to block a compressor station slated to be part of a major pipeline project.

  • January 8, 2019

    Murphy Oil Denied Defense Of Valero's $25M Refinery Fire Suit

    Murphy Oil Corp. cannot force a Liberty Mutual unit to fund its defense of a $25 million lawsuit blaming the oil company for a huge fire at a refinery it sold to Valero Energy Corp., an Arkansas federal judge ruled on Tuesday, because Valero’s complaint seeks only uncovered breach-of-contract damages.

  • January 8, 2019

    Power Cos. Take State Nuke Subsidy Fight To Supreme Court

    The Electric Power Supply Association filed two petitions asking the U.S. Supreme Court to review nuclear power subsidy programs in Illinois and New York, arguing that they stepped on the Federal Energy Regulatory Commission's role in regulating electricity power markets.

  • January 8, 2019

    Platinum Liquidators Can't DQ Curtis From Fraud Suit

    Curtis Mallet-Prevost Colt & Mosle LLP won't be disqualified — at least not yet — from defending a former Platinum Partners founder against a suit brought by the hedge fund's liquidators over an alleged $1 billion fraud, despite having represented the fund in the past, U.S. District Judge Jed S. Rakoff said Monday.

  • January 7, 2019

    DOE Can't Nix Duke Energy's 4th Nuclear Fuel Removal Suit

    A judge in the U.S. Court of Federal Claims said Duke Energy's suit against the government over its alleged failure to remove nuclear fuel waste from Duke's now-shuttered nuclear power plant in Crystal River, Florida, said the litigation may continue, ruling that the suit does not present the same issues as Duke's other suits over the waste removal.

  • January 7, 2019

    Ex-Atty For Mitsubishi Blasts Bid To Nix Gender Bias Suit

    A former in-house attorney at a Mitsubishi Chemical Corp. unit pushed back Friday against a motion to have her suit accusing the company of gender discrimination tossed out of New York federal court.

  • January 7, 2019

    SunEdison Shareholders Win Cert. In Stock-Drop Suit

    Two pension funds suing SunEdison for failing to disclose financial problems that later led the renewable energy giant’s stock price to collapse secured class certification on Monday, after a New York federal court split the single proposed class into two separate subclasses.

  • January 7, 2019

    High Court Skips Mass. AG Exxon Probe, Other Enviro Cases

    The U.S. Supreme Court on Monday passed on reviewing several environmental and energy cases, including Exxon Mobil Corp.'s quest to stop the Massachusetts attorney general's probe into the company's climate change statements and Oklahoma wind farm developers' bid to skip approvals from the Osage Nation for a project.

  • January 7, 2019

    Justices Seek SG's Input On Argentina Cert Bid In YPF Row

    The U.S. Supreme Court on Monday invited the U.S. solicitor general to weigh in on whether the justices should grant certiorari to Argentina and its state-controlled YPF SA in their bid to stop a suit by two bankrupt Spanish companies over losses allegedly suffered when the oil and gas company was nationalized.

  • January 7, 2019

    Cricket Field Owner Takes Utility Fight To Texas High Court

    A man who owns several cricket fields has asked the Texas Supreme Court to undo a lower court's May 2017 ruling that tossed his lawsuit fighting an electric bill on grounds that he hadn't exhausted his remedies before the Public Utility Commission of Texas.

  • January 7, 2019

    Don't Limit CWA Liability Case, Maui Tells High Court

    Maui County, Hawaii, on Monday urged the U.S. Supreme Court to tackle the entirety of its appeal of the Ninth Circuit's ruling that the Clean Water Act covers pollution that reaches certain waterways via groundwater, rather than merely determining the CWA's scope, as suggested by the Solicitor General's Office.

  • January 7, 2019

    Starion Says Ch. 11 Case Was Filed To Save Its Business

    Bankrupt utility provider Starion Energy Inc. objected late Friday in Delaware to a motion to dismiss its Chapter 11 case, saying its petition was filed in good faith in order to save its business after a Massachusetts enforcement action crippled its cash access.

  • January 7, 2019

    High Court Won't Hear FCA Dispute Over Watershed Use

    The U.S. Supreme Court on Monday declined for the second time to hear a dispute over whether an Ohio flood control body’s retention of land in alleged violation of a federal agreement, as well as “fracking” and water payments gained from that land, subjected the body to liability under the False Claims Act.

  • January 7, 2019

    2 Firms Guide $1B PE Infusion For Discovery Midstream

    Discovery Midstream Holdings II LLC on Monday said Stonepeak Infrastructure Partners will make a $1 billion investment as the midstream oil and gas company looks for new North American opportunities, with Kirkland & Ellis LLP steering the Dallas, Texas-based business and Hunton Andrews Kurth LLP guiding the private equity firm.

  • January 7, 2019

    Wind Energy Co. Says No Reason To Pause $70M Award Row

    Renewable energy company Soaring Wind Energy LLC and China-focused investor Tang Energy Group Ltd. told a Texas federal judge Friday that another investor is trying to delay enforcement of an over $70 million arbitration award by asking to hold off on further discovery during its appeal of an order confirming the award.

  • January 7, 2019

    Deals Rumor Mill: Sears, P.F. Chang’s, BP

    Sears has reportedly lined up a backup plan in case chairman Edward Lampert’s bid to rescue the beleaguered retailer falls through, Centerbridge Partners is close to selling off P.F. Chang’s to Triartisan Capital Advisors, and BP is considering selling off a 28 percent stake in Shearwater assets.

  • January 7, 2019

    High Court Won't Review Cravath Shell Docs Decision

    The U.S. Supreme Court on Monday declined to hear an appeal from a Nigerian activist's widow who asked the court to review the Second Circuit's decision barring her from obtaining Royal Dutch Shell PLC documents held by Cravath Swaine & Moore LLP for her suit against the energy giant in the Netherlands.

  • January 4, 2019

    Deal Letting Investment Co. Abandon Talc Deposits Upheld

    The Tenth Circuit on Friday refused to nix a deal allowing the trustee of a defunct U.S. talc mine investor to abandon the estate's interest in certain talc deposits, an issue that had arisen in an ultimately unsuccessful underlying investor-state claim against the Slovak Republic.

  • January 4, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Natixis sue a Nigerian oil refinery, a Qatar Insurance unit lodge a commercial fraud claim, and Allianz Global Investors take on some of the same major banks the institutional investor has already sued for foreign exchange manipulation in the U.S. Here, Law360 looks at those and other new claims in the U.K.

  • January 4, 2019

    FERC Can Keep $9M Market Manipulation Case

    A Federal Energy Regulatory Commission energy market manipulation case seeking to enforce nearly $9 million worth of fines against a Maine company and its CEO is not time-barred and can move forward, a federal judge ruled Friday.

Expert Analysis

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • High Court's Frog Decision May Limit ESA Determinations

    Paul Weiland

    Two holdings from the U.S. Supreme Court's opinion in Weyerhaeuser v. U.S. Fish and Wildlife Service Tuesday are likely to limit the service’s interpretation of its authorities and provide the regulated community with the ability to challenge critical habitat designations under the Endangered Species Act, say Paul Weiland and Svend Brandt-Erichsen of Nossaman LLP.

  • Justices May Struggle To Agree On Rule 10b-5 Scope

    Arthur Greenspan

    Next week, the U.S. Supreme Court will hear argument in Lorenzo v. U.S. Securities and Exchange Commission, which could clarify the range of liability under Rule 10b-5. But Lorenzo will be decided by an eight-justice court — a circumstance that might significantly affect how the case gets resolved, say Arthur Greenspan and Jacob Taber of Richards Kibbe & Orbe LLP.

  • Property Insurance Considerations For Green Energy Storage

    Jeffrey Weinstein

    While battery storage for renewable power sources is pushing the boundaries of new technology, an overarching issue the property insurance industry must face is what happens if it fails or malfunctions, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Greengrass LLP.

  • Examining A Post-Wildfire Securities Suit

    Kevin LaCroix

    A securities class action complaint against utility company Edison following the recent massive wildfires in California is the latest example of event-driven securities litigation, a phenomenon that represents a significant problem for directors and officers insurance underwriters, says Kevin LaCroix of RT ProExec.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Prop 65 Compliance Gets More Complicated

    Anne Marie Ellis

    Recent amendments to California's Proposition 65 changed the nature and content of chemical exposure warnings required for many products, substances and locations. Meanwhile, the plaintiffs bar is stepping up its attempts to target Prop 65 violators, says Anne Marie Ellis of Buchalter PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.