Wednesday, March 14, 2012

UNITE HERE: Sheldon Adelson?s and LVS? lawsuit in the UK against UNITE HERE thrown out ? Adelson and LVS to pay union?s attorneys? fees

LAS VEGAS--(BUSINESS WIRE)--On March 7, the Court of Appeal in the United Kingdom refused Sheldon Adelson?s appeal of a judgment granting UNITE HERE?s application to strike out in their entirety Adelson?s and Las Vegas Sands Corp?s defamation claims against UNITE HERE and its Director of International Affairs, Debbie Anderson. The High Court also ordered Adelson and LVS to pay the defendants? attorney?s costs of defending the claims.

?what is now at stake in this action does not justify the deployment of [the Court?s] resources?

The action arose out of a presentation at a meeting of about 100 people held in conjunction with a Labour Party congress in 2004. Adelson and LVS sued UNITE HERE in the UK for defamation.

  • The trial court in London decided in October, 2011 that ?what is now at stake in this action does not justify the deployment of [the Court?s] resources? and struck out the complaint.
  • The trial court ordered Adelson and LVS to pay the defendants? costs of the whole action (except a small part relating to expert evidence about U.S. law). Along with Adelson?s/LVS? own legal costs, it is thought the total liability may exceed $1 million.
  • Adelson tried three times to get permission to appeal. Unlike the United States, where appeals are a matter of right, permission to appeal in the UK is discretionary with the courts. All three requests were refused. The March 7 refusal was the last, bringing the case to a final conclusion against Adelson and LVS.
  • This is the latest in a long string of defeats for Adelson and LVS in litigation with UNITE HERE and its affiliates.
    • The Union successfully sued under the WARN Act to get full pay for workers laid off when the old Sands Hotel was closed to make way for the building of the Venetian.
    • During the time when LVS was seeking development approvals for the Venetian, it sued the County to block it from giving the Union a copy of the Venetian?s study of the effects of the development on traffic. The Union intervened. The Court ordered that the County could give the Union the report.
    • LVS sued the Union for interfering with the development of the Venetian. After successful motions by the Union to strike parts of the complaint, LVS dismissed the case.
    • The Union successfully defended against a suit to declare the sidewalk in front of the Venetian off limits for free speech, getting a court decision that the Union has the right to picket there even though the Venetian owns it.
    • The Union filed unfair labor practice charges against Venetian for threatening to arrest the picketers on its sidewalk. The charges were upheld by the National Labor Relations Board and the U.S. Court of Appeals for the District of Columbia Circuit.
    • LVS sued to stop the issuance of bonds to finance expansion of the Las Vegas Convention Center. The Union, which represents hundreds of workers at the Convention Center, intervened. After a trial, the Convention Center and the Union won a judgment against LVS.

For further information, please contact Richard G. McCracken, General Counsel of UNITE HERE, who assisted in the defense of the action. He can be reached at (415) 597-7200 or at rmccracken@dcbsf.com. The successful application was filed by UNITE HERE?s solicitor, Stephen Shotnes of the firm Simons Muirhead & Burton, assisted by Mr. McCracken. The application was argued by barrister Heather Rogers, Q.C.

Source: http://feeds.businesswire.com/click.phdo?i=7f80c111e70d8033dcc71e4121c14018

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