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AeroTech lawsuit to proceed |
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2002 Archived News by AeroTech
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Wednesday, September 11, 2002 |
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LAS VEGAS, Nevada USA -- In an order issued August 26, 2002, Federal District Judge Philip Pro ruled that AeroTech's Civil rights lawsuit against Clark County would proceed. The lawsuit against Clark County, the Clark County Fire Department, Fire Chief Earl Green, two named Clark County fire inspectors and Titanium Metals Corporation was originally filed by AeroTech in March 2002. Almost immediately, each of the defendants filed separate motions to dismiss the case in its entirety based on a variety of arguments.
Two weeks ago, following literally hundreds of pages of written pleadings and two hours of oral argument, Judge Pro issued a decision in which he denied some parts of the motions to dismiss but granted others. Most important, Judge Pro allowed the core of AeroTech's claim --that the defendants violated AeroTech civil rights by repeatedly searching its offices without either warrants or permission from AeroTech — to go forward. In connection with that claim, the Judge also allowed three related claims - for conversion, theft and civil conspiracy — to go forward as well.
Although the Judge dismissed several other counts, that action will not materially affect AeroTech's potential for recovery. The dismissal of Titanium Metals Corporation was specifically made "without prejudice" meaning that AeroTech remained free to take action against that company once some additional information is compiled. Other claims that were dismissed are still pending in a State Court action, thus, there was no need for them to be addressed in two different courts.
"We are very pleased with Judge Pro's decision," said AeroTech lawyer Mark Savit. "The core of this case has always been about the misconduct of the Fire Department and the majority of those claims remain alive." "We are entirely confident that, when all the evidence is heard, there is no doubt in my mind that the County will be held accountable for its misconduct and the damage resulting to AeroTech."
You can access the full decision by clicking the link "Judge Pro Ruling 8-26-02 PDF" link on the AeroTech vs. Clark County Lawsuit page of the AeroTech website. |
