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Note 9 - Commitments and Contingencies
9 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Commitments and Contingencies Disclosure [Text Block]
9.
Commitments and Contingencies:
 
We have been identified by the United States Environmental Protection Agency (“EPA”), state governmental agencies or other private parties as a potentially responsible party (“PRP”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), or equivalent non-U.S., state or local laws, for clean-up and response costs associated with certain sites at which remediation is required with respect to prior contamination. Because CERCLA or such state statutes authorize joint and several liability, the EPA or non-U.S., state or local regulatory authorities could seek to recover all clean-up costs from any
one
of the PRPs at a site despite the involvement of other PRPs. At certain sites, financially responsible PRPs other than AVX also are, or have been, involved in site investigation and clean-up activities. We believe that liability resulting from these sites will be apportioned between AVX and other PRPs.
 
To resolve our liability at the sites at which we have been named a PRP, we have entered into various administrative orders and consent decrees with federal and state regulatory agencies governing the timing and nature of investigation and remediation. As is customary, the orders and decrees regarding sites where the PRPs are
not
themselves implementing the chosen remedy contain provisions allowing the EPA to reopen the agreement and seek additional amounts from settling PRPs in the event that certain contingencies occur, such as the discovery of significant new information about site conditions.
 
On
June 3, 2010,
AVX entered into an agreement with the EPA and the City of New Bedford, pursuant to which AVX is required to perform environmental remediation at a site referred to as the “Aerovox Site” (the “Site”), located in New Bedford, Massachusetts. AVX has substantially completed its obligations pursuant to such agreement with the EPA and the City of New Bedford with respect to the satisfaction of AVX’s federal law requirements. The Massachusetts Department of Environmental Protection has jurisdiction over the balance of the environmental remediation at the Site. AVX has submitted its proposed remedy, but until the state has approved such proposal, AVX cannot determine if additional groundwater and soil remediation will be required, if substantial material will have to be disposed of offsite, or if additional remediation techniques will be required, any of which could result in a more extensive and costly plan of remediation. Further, the Site and the remediation
may
be subject to additional scrutiny under other statutory procedures which could also add to the cost of remediation.  During the quarter ended
December 31, 2018
we increased our estimated accrual for work to be done at the Site by
$8,312
pursuant to discussions with the Massachusetts Department of Environmental Protection and our environmental engineers. We have a remaining accrual of
$22,272
at
December 31, 2018,
representing our current estimate of the potential liability related to the remaining performance of environmental remediation actions at the Site and neighboring properties using certain assumptions regarding the plan of remediation. Until all parties agree and remediation is complete, we cannot be certain there will be
no
additional cost relating to the Site.
 
We had total reserves of approximately
$18,618
and
$26,658
at
March 31, 2018
and
December 31, 2018,
respectively, related to various environmental matters and sites, including those discussed above. These reserves are classified in the Consolidated Balance Sheets as
$3,329
and
$6,036
in accrued expenses at
March 31, 2018
and
December 31, 2018,
respectively, and
$15,289
and
$20,622
in other non-current liabilities at
March 31, 2018
and
December 31, 2018,
respectively. The amounts recorded for identified environmental liabilities are based on estimates. Periodically, we review amounts recorded and adjust them to reflect additional legal and technical information that becomes available. Uncertainties about the status of laws, regulations, regulatory actions, technology, and information related to individual sites make it difficult to develop an estimate of the reasonably possible aggregate environmental remediation exposure. Accordingly, these costs could differ from our current estimates.
  
On
April 19, 2016,
the Canadian Ministry of the Environment and Climate Change (the “MoE”) issued a Director’s Order naming AVX Corporation, and others, as responsible parties with respect to a location in Hamilton, Ontario that was at
one
time the site of operations of Aerovox Canada, a former subsidiary of Aerovox Corporation, a predecessor of AVX. This Director’s Order follows a draft order issued on
November 4, 2015.
AVX has taken the position that any liability of Aerovox Canada for such site under the laws of Canada cannot be imposed on AVX. At present, it is unclear whether the MoE will seek to enforce such Canadian order against AVX, and whether, in the event it does so, AVX will have any liability under applicable law. AVX intends to contest any such course of action that
may
be taken by the MoE.
 
In connection with the same location, Union Gas Limited and Coca-Cola Refreshments Canada Company filed suits in the Superior Court of Justice for Ontario, Canada, against AVX Corporation, Aerovox Corp. and Cooper Industries, LLC seeking to recover the costs of remediation of the site and for damages associated with alleged contamination of the site. Those suits were filed on
April 18, 2018,
but
not
served on AVX until
October 11, 2018,
and are in their initial stages. AVX is considering its legal options but intends to vigorously defend these matters. 
 
We also operate, or did at
one
time, on other sites that
may
have potential future environmental issues as a result of activities at sites during AVX’s long history of manufacturing operations or prior to the start of operations by AVX. Even though we
may
have rights of indemnity for such environmental matters at certain sites, regulatory agencies in those jurisdictions
may
require us to address such issues. Once it becomes probable that we will incur costs in connection with remediation of a site and such costs can be reasonably estimated, we establish reserves or adjust our reserves for our projected share of these costs. A separate account receivable is recorded for any indemnified costs. Our environmental reserves are
not
discounted and do
not
reflect any possible future insurance recoveries, which are
not
expected to be significant, but do reflect a reasonable estimate of cost sharing at multiple party sites or indemnification of our liability by a
third
party.
 
We are
not
involved in any pending or threatened environmental proceedings that would require curtailment of our operations. We continually expend funds to ensure that our facilities comply with applicable environmental regulations. While we believe that we are in compliance with applicable environmental laws, we cannot accurately predict future developments and do
not
necessarily have knowledge of all past occurrences on sites that we currently occupy. New environmental regulations
may
be enacted and we cannot determine the modifications, if any, in our operations that any such future regulations might require, or the cost of compliance with such regulations. Moreover, the risk of environmental liability and remediation costs is inherent in the nature of our business and, therefore, there can be
no
assurance that material environmental costs, including remediation costs, will
not
arise in the future.
 
On
April 25, 2013,
AVX was named as a defendant in a patent infringement case filed in the United States District Court for the District of Delaware captioned 
Greatbatch, Inc. v. AVX Corporation
. This case alleged that certain AVX products infringe on
one
or more of
six
Greatbatch patents. On
January 26, 2016,
the jury returned a verdict in favor of the plaintiff in the
first
phase of a segmented trial and a mixed verdict in the
second
phase of a segmented trial, and found damages to Greatbatch in the amount of
$37,500,
which was recorded in fiscal
2016.
  That verdict was later vacated by the court on
March 30, 2018,
which resulted in a favorable accrual adjustment of
$1,500.
  In a new trial, the amount of damages (excluding interest) was determined by a jury to be
$22,100
on
January 15, 2019
resulting in a favorable accrual adjustment of
$13,900
for the
three
month period ended
December 31, 2018.
However, the matter is still subject to various post-trial proceedings and possible appeal, which could result in a material impact to the accrual for this case in the future.
 
On
September 2, 2014,
a subsidiary of AVX, American Technical Ceramics (“ATC”), was named as a defendant in a patent infringement case filed in the United States District Court of the Southern District of California captioned
Presidio Components, Inc. v. American Technical Ceramics Corp.
This case alleged that certain ATC products infringe on a Presidio patent. On
April 18, 2016,
the jury returned a verdict in favor of the plaintiff and found damages to Presidio. On
August 17, 2016,
the court issued a permanent injunction prohibiting ATC from manufacturing or selling the related products after
November 16, 2016.
Subsequently, on
October 21, 2016,
the Federal Circuit Court granted AVX’s request for a stay of the permanent injunction whereby ATC was allowed to continue to sell the disputed product until
March 17, 2017
to anyone who was a customer prior to
June 17, 2016.
Any sales subsequent to
November 16, 2016
pursuant to the stay of the permanent injunction were subject to court mandated intellectual property damages for each product sold. In
December 2017,
a panel of the Federal Circuit vacated the damage award to Presidio, vacated the injunction, and remanded the case for further proceedings to determine damages limited to “reasonable royalties” and to reconsider the requested injunction in light of its opinion and any additional facts. In
June 
2018,
the District Court set the amount of royalties and re-issued the injunction. An appeal has been filed from both decisions.
 
As of
December 31, 2018,
we had total reserves of
$59,683
plus accrued interest in accrued expenses with respect to the
two
intellectual property cases discussed above. The amounts recorded are based on estimated outcomes. Amounts recorded are reviewed periodically and adjusted to reflect additional information that becomes available. Accordingly, these costs could differ from our current estimates.
 
During calendar year
2014,
AVX was named as a co-defendant in a series of cases filed in the United States and in the Canadian provinces of Quebec, Ontario, British Columbia, Saskatchewan and Manitoba alleging violations of United States, state and Canadian antitrust laws and asserting that AVX and numerous other companies were participants in alleged price-fixing in the capacitor market. The cases in the United States were consolidated into the Northern District of California on
October 2, 2014.
However, some plaintiffs have broken off from the United States class action and filed actions on their own, although AVX is
not
named in all of these independent actions. The cases in Canada have
not
been consolidated. These cases are still in progress. AVX believes it has meritorious defenses and intends to vigorously defend the cases.
 
We are involved in other disputes, warranty, and legal proceedings arising in the normal course of business. While we cannot predict the outcome of these other disputes and proceedings, we believe, based upon a review with legal counsel, that
none
of these other disputes or proceedings will have a material impact on our financial position, results of operations, comprehensive income (loss), or cash flows. However, we cannot be certain of the eventual outcome in these or other matters that
may
arise and their potential impact on our financial position, results of operations, comprehensive income (loss), or cash flows.