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 ...
Chump Change or Steep Road to Coal: Court Narrows Tagami’s Options
In a proposed statement of decision issued Monday, Judge Noël Wise slashed OBOT’s $159.6 million damages claim, leaving developers with a choice between walking away from the project with a paltry $317,683 or resuming efforts to build the terminal with an extension of their initial construction deadline to June 2026. Phil Tagami’s team has until January 5 to pick between these two remedies.
This is a big loss for OBOT. In their final pitch, the developers sought an opportunity to choose between $159.6 million to walk away or $24.6 million if they want to go ahead ...
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 ...
Coal Trial Ends; Decision Expected By Xmas Weekend
The trial of Phil Tagami’s state court breach of contract case against the City of Oakland came to a close on the first day of December, four and a half months after it began. It's now up to Judge Noël Wise to decide what remedy Tagami has won.
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 ...
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.
Coal Trial Ends: Light at the End of the Tunnel?
Testimony Ends. Judge’s Decision on Who Broke the Lease Expected in October.
West Oakland rally reiterates community opposition to coal terminal
A Community Rally organized by Rev. Ken Chambers of the Interfaith Council of Alameda County was held on Saturday July 22, in the parking lot of the West Side Missionary Baptist Church where Rev. Chambers is pastor. Residents, community organizers, and many stalwarts of the long fight to keep coal out of Oakland turned out for a free lunch, music, and new banners created by the incomparable David Solnit.
Three current Oakland City Council members spoke -- Carroll Fife, Janani Ramachandran, and Dan Kalb -- but were careful not to address the question of coal due to the ...
Trial Begins in Oakland Coal Case
After four and a half years of preliminary skirmishes, lawyers today delivered opening statements in developer Phil Tagami’s legal battle to avoid eviction from the West Gateway, a 19-acre piece of West Oakland waterfront owned by the City of Oakland. Phil Tagami and associates plotted to build and operate an export terminal that would bring coal by rail from Utah for shipment overseas.
The trial will hinge on the question of who broke the lease Tagami signed with the City in February 2016.
The City of Oakland terminated Tagami’s lease in November 2018 after ...
