Sany Group's Lawsuit Against Obama Rejected Again, Vows to Fight to the End

2013-10-11 682 0人评论
              Yesterday, Sany Group confirmed to a Beijing Business Today reporter that at around 5 p.m. Eastern Time on October 9, Judge Jackson of the U.S. District Court for the District of Columbia issued a preliminary ruling granting the U.S. government's motion to dismiss the case brought by Sany Group affiliate Ralls against President Obama, meaning all of Sany's claims against Obama have now been dismissed. Sany subsequently stated it will "resolutely fight the lawsuit to the end."

  "This dismissal was within our expectations," a Sany Group executive told a Beijing Business Today reporter yesterday. "Ralls does not accept the district court's ruling granting the government's motion to dismiss. The Ralls legal team is reviewing and analyzing the 29-page ruling in preparation for appealing it to the federal appellate court, and hopes that the dignity of the law and its lawful rights and interests will be upheld." He also stressed that he is "full of confidence" about ultimately prevailing in the case.

  It is understood that Sany's lawsuit against Obama began last year, after Obama issued a presidential order blocking the Ralls wind farm project in Oregon on grounds that it allegedly threatened U.S. national security; Sany then took Obama to court. In February this year, the lawsuit was once "dismissed," but a claim that Obama violated the due process guarantee of the Fifth Amendment to the U.S. Constitution was retained, which Sany regards as its core demand.

  The industry was not surprised by this latest dismissal of the previously retained claim. Cross-border litigation expert Hao Junbo said in an interview that the United States is a country that uses case law—that is, rulings with legal effect formed on the basis of court decisions—which gives courts considerable discretion in their rulings, especially since Sany's lawsuit against Obama is unprecedented. Another lawyer believes that the court's approval of the government's motion to dismiss was also intended to avoid adding more trouble for Obama, who is already beleaguered.

  At this point, although the lawsuit has been dismissed, it is not over. Hao Junbo said that in the United States, after a plaintiff files suit, the defendant has the right to move to dismiss the plaintiff's complaint; after dismissal, the plaintiff can continue litigating in the appellate court and go through multiple levels of courts all the way to the end. "If Sany is determined to fight on, although it will be difficult, there is still a possibility of success. In the end, even if it loses, the impact on the company will not be great; but if it wins, it will have a milestone effect."

  Zhang Guoqing, a professor at the Institute of American Studies of the Chinese Academy of Social Sciences, believes the process is more important than the result: "American companies and the public know very little about Chinese companies. Through the legal measures taken by Sany and other companies that follow, American society can learn more about Chinese companies."
 

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