Asserting that he was immune from lawsuits as his actions then were made when he was still a senator, Lt. Gov. Victor Hocog filed again a motion to dismiss Japanese investor Takahisa Yamamoto\u2019s court action against him and the owners of cargo ship M\/V Luta.<\/p>\n
Hocog, through counsel F. Randall Cunliffe, asked the U.S. District Court for the NMI to dismiss Yamamoto\u2019s complaint against him for failure to comply with the Federal Rules of Civil Procedure.<\/p>\n
Citing previous court rulings, Cunliffe said legislation immunity extends beyond just speech and debate; it has been interpreted to extend to actions taken by legislatures in the course of the legislative process.<\/p>\n
Once it is established that Hocog\u2019s action took place within the legislative sphere, it bars a criminal or civil suit, whether it is brought against the legislator in his official and\/or his personal capacity, since legislative immunity is absolute immunity.<\/p>\n
Cunliffe pointed out that the U.S. District Court for the NMI had found that of M\/V Luta was a joint venture between Yamamoto and other defendants besides Hocog.<\/p>\n
That effectively eradicates Yamamoto\u2019s arguments that he was to be a secured creditor and had a cause of action for breach of contract, said Cunliffe.<\/p>\n
On that basis alone, Cunliffe argued, the court should dismiss Yamamoto\u2019s breach of contract claim against Hocog.<\/p>\n
Last March 8, U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood denied Hocog\u2019s motion to dismiss Yamamoto\u2019s lawsuit. <\/p>\n
Last Dec. 1, Yamamoto, through counsel George Lloyd Hasselback, filed a complaint that named Hocog, who as then-Rota senator, allegedly promised to use his political position and influence to ensure that his (Yamamoto) investment in the M\/V Luta was returned with profit.<\/p>\n
Yamamoto\u2019s amended complaint has the same set of defendants and claims\u2014breach of contract, fraud, and unjust enrichment.<\/p>\n
Yamamoto is suing Hocog and the ship\u2019s owners for allegedly refusing to pay back the $3.4 million that he funded for the vessel.<\/p>\n","protected":false},"excerpt":{"rendered":"
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