UNITED STATES SUPREME COURT AGREES WITH LUKOIL
Wednesday, November 16, 2016
The United States Supreme Court became the seventh separate court to agree with PJSC LUKOIL that Archangel Diamond Corporation (ADC) Liquidation Trust’s case against LUKOIL could not be pursued in the United States.
By this decision the Supreme Court has put an end to ADC’s pursuit of any further litigation in the United States. The verdict of November 7, 2016 is final and non-appealable.
The case was initially filed in November 2001 in Colorado State Court. For the next 15 years, the case progressed through both the Colorado state court system and the federal court system. Initially, the lowest state court dismissed the case; that ruling was ultimately affirmed by the Colorado Court of Appeals and the Colorado Supreme Court.
Shortly before the Colorado state court system dismissed the case, ADC filed an identical case in the federal court system, in the U.S. District Court in Denver. The District Court, after hearing the matter, ultimately agreed with LUKOIL and dismissed the case. However, prior to dismissal, ADC removed the case to the Bankruptcy Court. The Bankruptcy Court found ADC guilty of “forum shopping” and quickly remanded the case back to the U.S. District Court. Following the dismissal by the District Court, the 10th Circuit Court of Appeals agreed with LUKOIL and upheld the dismissal.
Shortly before the Colorado state court system dismissed the case, ADC filed an identical case in the federal court system, in the U.S. District Court in Denver. The District Court, after hearing the matter, ultimately agreed with LUKOIL and dismissed the case. However, prior to dismissal, ADC removed the case to the Bankruptcy Court. The Bankruptcy Court found ADC guilty of “forum shopping” and quickly remanded the case back to the U.S. District Court. Following the dismissal by the District Court, the 10th Circuit Court of Appeals agreed with LUKOIL and upheld the dismissal.
