173 results for author: No Coal in Oakland

Courtroom Battle Unfolds Over Developer’s Claim for Attorneys’ Fees and Costs

On April 3, Judge Noël Wise will hear arguments over developer Phil Tagami’s claim for $12.8 million of attorneys’ fees and costs based on partial victory in his breach of contract lawsuit against the City of Oakland.

$1B lawsuit filed by Insight Terminal Solutions against City of Oakland

Yesterday, Insight Terminal Solutions (ITS), a shell company owned by hedge fund operator Jon Brooks, filed a frivolous lawsuit against the City of Oakland claiming losses of over a billion dollars stemming from the City’s termination of Phil Tagami’s lease in 2018. ITS negotiated a sublease of the 19-acre West Oakland site days before the City declared Tagami’s lease terminated for failure to meet his deadline to get construction of a marine export terminal underway. A state court judge ruled in January that the City acted prematurely and should have given Tagami’s Oakland Bulk and Oversized Terminal LLC (OBOT) an extension of time. I...

City to appeal decision in OBOT v Oakland

The City of Oakland will appeal Judge Wise's decision in OBOT v Oakland. The City's attorneys filed formal notice on January 23, 2024, the same day Judge Wise filed her final, formal judgement in the case. The simple form the City filed indicated only an intent to appeal; it was posted on the court's e-Portal yesterday, January 24th. The City's argument(s) to the California Court of Appeals will not be disclosed until the City files its opening brief. Stay tuned ... it looks like OBOT v Oakland isn't over yet.       Image credit: Alpha Stock Images, Creative Commons licence CC-BY-SA 3.0.

NCIO Vows To Keep Up the Fight as Court Issues Final Judgment

Coal terminal trial ends in split decision. No Coal in Oakland warns, "Investors, beware. There will never be a coal export terminal in Oakland."

OBOT elects to continue development of West Gateway terminal

Late this afternoon, on January 8, 2024, Judge Noël Wise published her Proposed Judgment in OBOT v Oakland. Parties may file objections or comments by Friday January 12, 2024 at 4:00 pm, at which point Judge Wise will determine whether to schedule a hearing for oral argument prior to finalizing her judgment. As reported on December 25, the Judge’s final decision on remedies (published on December 22nd) directed that “Tagami now has a choice between walking away from the project with a mere $317,683 or resuming efforts to build the terminal with a new deadline to get construction underway by July 2026. Phil Tagami’s team has until January 5 ...

Court Affirms: Tagami’s “Lost Profits” Claim Fails Bigly

On December 22, Judge Noël Wise brought a “Joyeux Noël” (French for “Merry Christmas”) to litigation-weary Oakland and a lump of coal for developer Phil Tagami whose victory in the liability phase of the trial has been cut to size by the judge’s final decision on the remedies from which Tagami must choose. In her final decision in the state court battle between Phil Tagami’s OBOT and the City of Oakland, Alameda County Superior Court Judge Noël Wise slashed OBOT’s $159.6 million damages claim, offering less than a fifth of a penny on the dollar. Tagami based his claim on massive profits he says OBOT would have earned but for the ...

Judge denies OBOT’s “speculative” lost profits claim

Judge Wise awards fraction of a penny on Tagami's imaginary "losses" Judge Noël Wise issued a "(Proposed) Statement of Decision re: Damages" in OBOT v Oakland today, December 11, 2023. In it, she "finds that OBOT’s claim for lost profits is speculative and not reasonably certain." As reported earlier, in seeking damages, "Tagami is seeking to choose between two alternative remedies that he has proposed: (1) $19.1 million in damages and reinstatement of his lease with 2½ years to commence construction ; or, (2) $159.6 million in damages to walk away from the project." In the second alternative, $154.4 million of the $159.6 million are the ...

High Stakes as Remedy Phase of Coal Trial Begins

Will developer Phil Tagami be awarded an imagined $150 million in past damages and future profits he claims  he has lost or been prevented from gaining as a result of the City’s alleged efforts to block construction of a coal export terminal in West Oakland? Will Tagami be granted an extension of time to break ground on the terminal? Will he get an opportunity to choose between a massive amount of money or an opportunity to go ahead with the controversial project, in partnership with a Los Angeles hedge fund operator? Or will Tagami's victory in his lawsuit against the City of Oakland turn out to be much more limited when the dust settles? These ...

Back in the Tunnel Again: State Court Rules Against City

This afternoon, Judge Noël Wise published her “(Proposed) Statement of Decision” in the OBOT v Oakland trial that began on July 10, 2023.

Courtroom Diary: NCIO Reports on OBOT v City of Oakland Trial

Follow NCIO's coverage of the trial here.