Press Release March 15, 2018

US judge dismisses Lahey case

From: Attorney-General's Chambers
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US judge dismisses Lahey case

Good day everyone,

This is to advise that the District Court of Massachusetts has come to a decision in the case that was brought against the Lahey Clinic by the Bermuda Government.

I must say from the outset that the result is what I had anticipated from the beginning.  However, given the politically charged nature of the case, and as Attorney-General, the decision to proceed had to be based on sound legal principles, logical analysis and by an independent assessor, devoid of any political influences.

It was of paramount importance, especially in light of the impending international assessment, that Bermuda affirms itself as a mature financial centre where sound legal decision-making is based on the rule of law.

In her decision, District Judge Indira Talwani, as the independent assessor, determined that Bermuda has not shown that it suffered any domestic injury as a result of the alleged bidding scheme and that Bermuda failed to meet the basic showing that the preferred provider scheme led to an economic injury.

Consequently, Judge Talwani found that as Bermuda could not show that it suffered any injury within the United States as a result of the alleged scanning scheme, Bermuda’s claims under the Racketeer Influenced and Corrupt Organizations Act arise out of extraterritorial injuries and must be dismissed.

Therefore, Judge Talwani has ordered that Lahey’s Motion to Dismiss the action brought against them is allowed; and therefore she has determined that Bermuda’s claims against Lahey are dismissed, and that the case is now closed.

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