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News & Insights

Class Action Against AWB Dismissed

March 25, 2008

On March 25, 2008, the United States District Court for the Southern District of New York granted Cravath’s motion to dismiss a consolidated putative class action filed by a group of U.S. wheat farmers against AWB Limited and AWB (U.S.A.) Limited, corporate successors to the Australian Wheat Board. Plaintiffs claimed to have been damaged as a result of alleged unlawful monopolization by AWB of the sale of wheat to Iraq through an alleged bribery and money laundering conspiracy in connection with the U.N.-Iraq Oil-for-Food Programme. Judge Gerard Lynch dismissed plaintiffs’ claims under the Sherman and Clayton Acts for lack of subject matter jurisdiction, their Robinson-Patman Act claim for lack of antitrust standing and their RICO claims for lack of subject matter jurisdiction.

The AWB team includes partners Robert H. Baron and Timothy G. Cameron and associates Daniel P. Roeser, Katherine A. Deringer, Natasha S. Guinan, Michael N. Kennedy and Martin J. Crisp. The case is Boyd v. AWB Limited, et al., No. 1:07-cv-03007-GEL, 2008 WL 793633 (S.D.N.Y., Mar. 25, 2008).

Related Practices & Industries

  • Litigation
  • Antitrust
  • Financial Services and Insurance

People

Photo
Name
Robert H. Baron
Title
Litigation
Title
Partner
Email
rbaron@cravath.com
Phone
+1-212-474-1422
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    Education

    • J.D., 1981, Harvard Law School
      cum laude
    • A.B., 1978, Princeton University
      cum laude

    Admitted In

    • New York
    Photo
    Name
    Timothy G. Cameron
    Title
    Litigation
    Title
    Partner
    Email
    tcameron@cravath.com
    Phone
    +1-212-474-1120
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      Education

      • LL.M., 1998, University of Chicago Law School
      • M.ComLaw, 1997, Auckland University - Faculty of Law
        First Class Honors
      • LL.B., 1994, Auckland University - Faculty of Law
      • B.Com., 1994, Auckland University - Faculty of Law

      Admitted In

      • New York

      Related News & Insights

      Deals & Cases

      September 24, 2014

      AWB Wins Appeal Dismissing Suit over Iraq Oil‑for‑Food Programme

      On September 18, 2014, the Second Circuit Court of Appeals affirmed the trial court’s decision dismissing an action against AWB Limited, the corporate successor to the Australian Wheat Board, which is now known as Agrium Asia Pacific Limited. The trial court’s decision is one of five dismissals -- and one of seven favorable court decisions -- Cravath obtained for AWB in actions related to the United Nations Oil-for-Food Programme since 2008.

      Deals & Cases

      March 13, 2014

      AWB Wins Dismissal of Fifth Suit Over Iraq Oil‑for‑Food Programme

      On February 12, 2014, the U.S. District Court for the Southern District of Texas granted Cravath’s motion to dismiss with prejudice an action against AWB Limited, the corporate successor to the Australian Wheat Board, which is now known as Agrium Asia Pacific Limited. This is the fifth time Cravath has successfully represented AWB in a suit concerning the United Nations Oil-for-Food Programme (the “Programme”). This suit involves claims by a number of U.S. citizens who were allegedly injured in terrorist attacks. Plaintiffs assert that those attacks were funded by Saddam Hussein using illegal kickbacks that he received from participants in the Programme. Although AWB was not named as a defendant in the plaintiffs’ lawsuit, the individuals and entities that were named as defendants brought a third-party complaint against AWB and 61 other entities that also participated in the Programme. The third-party complaint asserts a claim for contribution against AWB and the other third-party defendants in the event the defendants in the underlying action are found liable to plaintiffs for violating the Antiterrorism Act (“ATA”).

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