April 24, 2024

Judge Orders 3M to Pay $1.3 Million

The decision, released in London, represented a legal victory for a British investment fund, the Porton Group, and its partners, who filed a lawsuit in 2008 claiming that 3M had breached its contract to commercialize the test.

“I am delighted that we have been vindicated,” the fund’s chief executive, Harvey Boulter, said in a statement.

But the damage award was far smaller than the $40 million initially sought, and a convoluted legal morass surrounding the case is likely to continue.

On Monday, 3M also claimed victory and said it would press ahead with a separate lawsuit filed in the United States, which charged that Mr. Boulter and a well-known Washington lobbyist, Lanny J. Davis, had conspired to blackmail 3M; both men have denied the charges.

It was in 2005 that the Porton Group acquired an interest in the diagnostic test, which was based on technology developed by the British Ministry of Defense.

The test, known as BacLite, was said to offer a faster way to identify hospital patients who were carriers of the bacterium methicillin-resistant Staphylococcus aureus, or MSRA. In recent years, MRSA infections, which are resistant to antibiotics, have caused patient deaths and injuries.

In 2007, 3M struck a multimillion-dollar deal to acquire the test, though the majority of that payout was tied to future BacLite sales. Just a year later, however, 3M dropped BacLite, saying that its subsequent studies found a high rate of false results. By then, several competing MRSA tests had also been introduced.

As the Porton Group’s lawsuit against 3M slowly played out in London, the run-of-the-mill commercial dispute escalated in a trans-Atlantic legal death match with political overtones.

In its lawsuit, 3M charged that Mr. Boulter had tried to blackmail the company into settling the case for $30 million by threatening to use his ties to a top British government official to derail plans to confer a knighthood on 3M’s chief executive, George W. Buckley. Mr. Boulter rejected the assertion and Mr. Buckley has received his knighthood.

Meanwhile, the British government official at issue, former defense minister Liam Fox, abruptly resigned his position in October after it was disclosed that a closes friend had accompanied Mr. Fox on official trips and represented himself as someone who could broker access to the British government.

In the ruling released Monday, London High Court Justice Nicholas Hamblen rejected 3M’s claim that it had stopped developing BacLite because of fears that it could not win regulatory approval, finding instead that the company did so for commercial reasons.

Nonetheless, the judge noted that some hospitals that were using BacLite were also abandoning it around the time that 3M did because the test was slow and had other technical problems.

Article source: http://feeds.nytimes.com/click.phdo?i=205b0c5ac7e066e9168e57a67eb9ef4e

Judge Orders Dismissal of Charges Against Strauss-Kahn

Prosecutors in the office of Cyrus R. Vance Jr., the Manhattan district attorney, told Justice Michael J. Obus of State Supreme Court in Manhattan that they could not prove the case beyond a reasonable doubt because of serious credibility issues with the hotel housekeeper who had accused Mr. Strauss-Kahn of sexually assaulting her as she entered his suite to clean it.

The dismissal brought some semblance of vindication to Mr. Strauss-Kahn, 62, the former managing director of the International Monetary Fund, after his stunning arrest more than three months ago. He was taken into custody aboard an Air France jet at Kennedy International Airport and then paraded before news cameras, looking disheveled and in handcuffs.

For his accuser, Nafissatou Diallo, a 33-year-old Guinean immigrant, the result caps a precipitous fall. Prosecutors initially portrayed her as a credible and powerful witness, only to say that her myriad lies about her past — which included a convincing, emotional but ultimately fraudulent account of being gang raped by soldiers in Guinea — ended up undermining the case.

Ms. Diallo, who has made her identity public, still has a civil lawsuit pending against Mr. Strauss-Kahn for unspecified monetary damages, and her lawyer, Kenneth P. Thompson, has been relentless in his assertion that Mr. Strauss-Kahn sexually assaulted his client and that Mr. Vance’s office abandoned the case too soon.

Mr. Thompson made one last desperate attempt to keep the criminal case going, filing a motion on Monday asking that Mr. Vance’s office be disqualified. But about an hour before Tuesday’s hearing started, a court clerk handed out a one-page decision in which Justice Obus denied Mr. Thompson’s motion. However, Mr. Thompson has appealed the decision, which led to Justice Obus’s staying the dismissal.

After the hearing, Mr. Strauss-Kahn issued a statement, characterizing the past two and a half months as “a nightmare for me and my family,” and thanking the judge, his wife and family and other supporters.

He added that he was “obviously gratified that the district attorney agreed with my lawyers that this case had to be dismissed.”

“We appreciate his professionalism and that of the people who were involved in that decision,” he continued. Mr. Strauss-Kahn added that he looked forward to “returning to our home and resuming something of a more normal life.”

The case has attracted international attention ever since the arrest of Mr. Strauss-Kahn, a leading figure in the Socialist Party who was considered a top candidate for the French presidency; each appearance in court has drawn a carnival-like atmosphere outside, with journalists and camera crews mixing with protesters. The scene on Tuesday was no exception: Well before Mr. Strauss-Kahn arrived at 11:03 a.m., about three dozen protesters gathered. The bulk of the sentiments were decidedly against Mr. Strauss-Kahn.

There were chants (“D.S.K., shame on you,” and “Whatever we wear, wherever we go, yes means yes, no means no”). There were placards (“All rape victims deserve a fair trial,” “Stop victim blaming of rape victims” and one with an illustration of a police officer admonishing a top-hatted plutocrat and the slogan “Go to jail”).

And there were a few speeches in which people condemned Mr. Strauss-Kahn as a serial sexual abuser and criticized Mr. Vance for ending the case against him.

Colin Moynihan contributed reporting.

Article source: http://www.nytimes.com/2011/08/24/nyregion/charges-against-strauss-kahn-dismissed.html?partner=rss&emc=rss