Superior Court of Guam denies summary judgement on Seawalker case

  On Feb. 20, the Superior Court of Guam denied Tai’s Bros. Corp. and attorney Zachary G Damian’s motion for summary judgment on their case against Seaquest (Guam) Inc., which does business as Seawalker Tours. Seaquest’s attorney is Phillip Torres.

  In December 2017 Seaquest entered into an automobile lease agreement, expiring in November 2019, with TBC. Under the agreement, TBC leased a van to Seaquest for $965 per month. The agreement also included provisions that stated that in the event Seaquest returns the car before the expiration date or fails to pay monthly dues, it must pay an early return penalty. Seaquest failed to make payments January 2018 through August 2018, and returned the van to TBC in July 2018. TBC filed a breach of contract complaint against Seaquest for failing to pay the early return penalty.

  The court ruled that TBC failed to meet its burden of demonstrating that, at the time of the contract’s formation, “actual damages likely to flow from a subsequent breach would have been difficult for the parties to estimate,” and that summary judgement is not appropriate at this time.

 

Attorney General Camacho files violation of open government law complaint

  On Feb. 24, Attorney General Leevin T. Camacho filed a complaint against Joseph Duenas, Francis Santos, George Bamba, Pedro Guerrero and Simon Sanchez in their capacity as members of the Consolidated Commission on Utilities for the Guam Power Authority and the Guam Waterworks Authority.

  Camacho claims the quintet violated the open government law by going into executive session at one of their regular meetings of the CCU. Within the session, according to the complaint, the men discussed and decided on the salary level of the interim general manager for GWA. After this discussion, the regular meeting was reconvened, and there was a motion to adopt the decision from executive session. The complaint stated the meeting agenda did not include the discussion or decision of the salary level, and the open government law is clear that any discussions concerning salaries or adjustments must be held in a public meeting.

  The OAG asked that the salary level become void and of no effect, and that all funds expended contrary to Guam law be proven in trial.

 

Guam part of $1.6 billion settlement with generic opioid manufacturer MNK

On Feb. 26, Attorney General Leevin T. Camacho announced his support for a $1.6 billion settlement framework agreement between attorneys general, local subdivisions and Mallinckrodt, its subsidiaries and certain other affiliates.

In the agreement, MNK agrees to pay $1.6 billion in cash to a trust that will cover the costs of opioid addiction treatment and related efforts, with the potential for increased payment to the trust. MNK also agrees that its future generics opioid business will be subject to stringent injunctive relief that, among other things, will prevent marketing and ensure systems are in place to prevent diversion.

The Office of the Attorney General of Guam is also involved in separate settlement discussions with Purdue Pharmaceutical, maker of the opioid OxyContin. The settlement is valued at upwards of $3 billion, of which Guam will also receive a portion. mbj