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Haiti - FLASH : Haitian taxes on calls and transfers, American Justice authorizes the diaspora to sue... 04/04/2022 09:36:43
This first complaint contains 12 counts :
Download the 1st complaint (PDF in English) : https://www.haitilibre.com/docs/case-1-18-cv-0734.pdf On April 10, 2019, the Diaspora was authorized to file a 2nd amended complaint comprising 16 counts https://www.icihaiti.com/en/news-27643-icihaiti-usa-text-of-the-16-counts-of-the-diaspora-against-the-government-of-haiti-and-others.html Download the amended complaint (French PDF) : https://www.haitilibre.com/docs/annexe-190504132101.pdf In 2021, Judge Michael H. Simon in his ruling quashed the suit explaining that the lawsuit was doomed by the "act of State" doctrine because the suit sought to establish liability on the basis of official sovereignty policies of the Haitian government. On March 31, 2022, Judges Newman, Park, and Lee of the Manhattan Court of Appeals for the Second Circuit revived the case, reversing a ruling by Judge Michael H. Simon rejecting in his ruling that the doctrine "outright precludes courts to adjudicate cases involving passing judgment on the policies, laws and motives of a foreign sovereign" specifying that it only excludes "legal claims which effectively seek to have acts of a foreign sovereign country" specifies Me Park In the Second Circuit also reversed Simon's alternative decision to dismiss parts of the case on the quasi-judicial grounds that US litigation would unnecessarily burden foreign defendants and the case could be heard elsewhere. According to this decision, former President Michel Joseph Martelly, de facto President Jocelerme Privert, Western Union, Unibank, CamTransfer, Digicel and Natcom and Caribbean Air Mail Inc must face an antitrust dispute concerning an alleged scheme to fix the cost of money transfer and long distance calls to Haiti. Download the decision of the Court of Appeal (PDF in English) : https://www.haitilibre.com/docs/20-1412-2022-03-311-220402181310.pdf Plaintiffs are represented by Rodney R. Austin of Fresh Meadows, N.Y., and Denis Law Group PLLC. Western Union is represented by Fishkin Lucks LLP. Unigestion and Digicel are represented by Davis Polk & Wardwell LLP. Caribbean Air Mail is represented by Merle Brown & Nakamura PC. Unitransfer and Unibank are represented by Perlman, Bajandas, Yevoli & Albright PL and Stinson LLP. Natcom is represented by Macx L. Jean-Louis of New York. The Haitian Government and former Haitian Presidents are represented by Madsen Law PC. See also : https://www.haitilibre.com/en/news-35814-haiti-education-diaspora-taxes-3-year-report-of-the-fne.html https://www.haitilibre.com/en/news-27530-haiti-usa-diaspora-authorized-to-modify-its-class-action-against-haiti.html https://www.icihaiti.com/en/news-27643-icihaiti-usa-text-of-the-16-counts-of-the-diaspora-against-the-government-of-haiti-and-others.html https://www.haitilibre.com/en/news-26561-haiti-flash-members-of-the-diaspora-file-a-complaint-against-the-government-of-hait.html https://www.haitilibre.com/en/news-3027-haiti-education-the-tax-on-money-transfers-comes-into-force-on-june-1-2011.html https://www.haitilibre.com/en/news-2813-haiti-education-martelly-free-education-and-the-diaspora.html SL/ HaitiLibre
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