Friday, July 4, 2014

Another Novel Carlyle Group Defense

The Missoulian reported:

In order to side with the Carlyle Group in its motion to dismiss, Missoula County District Court Judge Karen Townsend would have to "adopt novel and creative legal arguments with scant support.

In the eminent domain case the city of Missoula filed against Mountain Water Co. and the global investment firm, Carlyle tried to argue it shouldn't be named as a defendant in the condemnation case given the multiple layers of ownership between the water utility and Carlyle. Carlyle argued it was an "upstream owner," but it wasn't the legal owner of the company's assets in Missoula County.

"That distinction is lost on this court in light of Carlyle Infrastructure's representations to the city," Townsend wrote in a ruling issued Thursday.

Carlyle's lawyers are infamous for novel legal arguments.  Carlyle's LifeCare Hospitals 25 patient deaths after Hurricane Katrina were attributed to the federal government.  Carlyle claimed their patients became wards of the federal government as soon as FEMA teams began setting up in New Orleans.  This novel defense came after Carlyle "Hazelwooded" a New Orleans physician.

Carlyle's Semgroup investor lawsuit used the novel defense of puffery after the firm imploded from billions in bad energy bets, an activity not mentioned in Semgroup's SEC filings. 

Carlyle's lawyers pump toxic lies so the greed and leverage boys can make another billion and keep their shiny image intact

Once upon a time a blog challenged the untoward acts by private equity underwriters (PEU's).  It was known as PEUReport 

Might seven years of research, testimony and analysis disappear under the swipe of a Google anonymity request?  It happened to the BBC.  Does that mean PEU's can lie, then get posts about their lying removed?  Time will tell...