Loading ...
Sorry, an error occurred while loading the content.

Toxic or not?

Expand Messages
  • Jurydoctor@aol.com
    Hi folks, I need your help on this case. thanks, Amy Back in 1993, Trumpflex, (TF) acquired 15 manufacturing sites from Jet Engines R Us (JERU). In the
    Message 1 of 2 , Mar 9, 2004
    • 0 Attachment
      Hi folks,
      I need your help on this case. thanks,
      Amy


      Back in 1993, Trumpflex, (TF) acquired 15 manufacturing sites from Jet
      Engines R Us (JERU).
      In the purchase agreement TF was entitled to rely on written warranties and
      representations made by JERU.. and..
      they were not entitled to rely on any unwritten representations.. and waived
      the right to sue on any grounds but breach of contract..

      (Bet you know where this is going)


      Other important tidbits in the contract were:
      1. TF could make claims for losses resulting from a breach
      2. TF was required to give notice of any breach by a certain date
      4. Indemnification was required if the losses totalled 1 million or more.




      TF contends that JERU knew of many serious environmental problems and
      violations of environmental laws. Their expert will say these problems would cost 4
      million to correct.

      After the acquisition, within the required time period, TF sent notice to
      indemnify to JERU.

      JERU refuses to imdemnify TF, because:

      1. Of the waivers and non reliance language in the acquisition agreement.
      2. TF did not perform "due diligence" with respect to any unwritten
      representations, and should have. (who buys sites where jet engines coating and
      components are manufactured without doing their own environmental studies)
      3. The environmental problems are not as bad as TF is claiming and are less
      then 1 million, therefore, these environmental problems are not serious enough
      to constitute a material adverse effect where indemnification is required.



      Furthermore, JERU is claiming:
      1.Fraud because TF promised not to rely on any unwritten representations
      2. they should be reimbursed for their legal fees


      But here is the twist:
      TF claims that JERU filed a fraudulent report to the Dept. of Environmental
      Protection...
      This report is fraudulent, and therefore, TF can sue for any and all
      misrepresentations whether written or verbal...

      What do you think?


      [Non-text portions of this message have been removed]
    • Will Ray
      You need an attorney that has connections in high places, else forget the matter. Will Ray IN GOD WE TRUST THE LAND OF THE FREE, HOME OF THE BRAVE When
      Message 2 of 2 , Mar 9, 2004
      • 0 Attachment
        You need an attorney that has connections in high places, else forget the
        matter.

        Will Ray

        "IN GOD WE TRUST"
        "THE LAND OF THE FREE, HOME OF THE BRAVE"
        "When you have a lot to lose it makes sense to trust the best"
        E-Mail: willraypi@... http://www.willraypi.cjb.net
        "For what ever is hidden is meant to be disclosed, and what ever is
        concealed is meant to be brought out into the open" (Mark 4:22 NIV).
        Wilburn "Will" Ray CMI State of Oregon License No. 071
        Legal Investigator
        POB 547
        Sutherlin, Oregon 97479-0547
        Mobile 541--430-0463 Fax 541-459-9175 Ph. 541-459-3545
        Civil++++++++++Criminal+++++++++++Domestic
        Evidentiary DNA Collector/Custodian
        Surveillance++++++++++++++Process Services
        Member Of:
        Oregon Criminal Defense Lawyers Association
        Association Of Christian Investigators
        National Association Of Investigative Specialist
        Oregon Association Of Licensed Investigators (Southern Regional Director)
        Southern Region is: Southern Oregon and California
        ----- Original Message -----
        From: <Jurydoctor@...>
        To: <Psy-CJ-Law@yahoogroups.com>
        Cc: <infoguys-list@yahoogroups.com>; <legalinvestigation@yahoogroups.com>;
        <E_M_L@yahoogroups.com>
        Sent: Tuesday, March 09, 2004 8:14 AM
        Subject: [infoguys-list] Toxic or not?


        Hi folks,
        I need your help on this case. thanks,
        Amy


        Back in 1993, Trumpflex, (TF) acquired 15 manufacturing sites from Jet
        Engines R Us (JERU).
        In the purchase agreement TF was entitled to rely on written warranties and
        representations made by JERU.. and..
        they were not entitled to rely on any unwritten representations.. and waived
        the right to sue on any grounds but breach of contract..

        (Bet you know where this is going)


        Other important tidbits in the contract were:
        1. TF could make claims for losses resulting from a breach
        2. TF was required to give notice of any breach by a certain date
        4. Indemnification was required if the losses totalled 1 million or more.




        TF contends that JERU knew of many serious environmental problems and
        violations of environmental laws. Their expert will say these problems would
        cost 4
        million to correct.

        After the acquisition, within the required time period, TF sent notice to
        indemnify to JERU.

        JERU refuses to imdemnify TF, because:

        1. Of the waivers and non reliance language in the acquisition agreement.
        2. TF did not perform "due diligence" with respect to any unwritten
        representations, and should have. (who buys sites where jet engines coating
        and
        components are manufactured without doing their own environmental studies)
        3. The environmental problems are not as bad as TF is claiming and are less
        then 1 million, therefore, these environmental problems are not serious
        enough
        to constitute a material adverse effect where indemnification is required.



        Furthermore, JERU is claiming:
        1.Fraud because TF promised not to rely on any unwritten representations
        2. they should be reimbursed for their legal fees


        But here is the twist:
        TF claims that JERU filed a fraudulent report to the Dept. of Environmental
        Protection...
        This report is fraudulent, and therefore, TF can sue for any and all
        misrepresentations whether written or verbal...

        What do you think?


        [Non-text portions of this message have been removed]





        <p><hr></p>
        To subscribe, send an empty message to <a
        href="mailto:infoguys-list-subscribe@yahoogroups.com">infoguys-list-subscrib
        e@yahoogroups.com</a><br/>
        To unsubscribe, send a message to <a
        href="mailto:infoguys-list-unsubscribe@yahoogroups.com">infoguys-list-unsubs
        cribe@yahoogroups.com</a><br/>
        <p><hr></p>
        Yahoo! Groups Links
      Your message has been successfully submitted and would be delivered to recipients shortly.