Legal Aspect of Decision Making Essay
October 1997, the M/V Saiga, an oil tanker, was engaged in selling “gas oil” to fishing and other vessels within Guinea’s exclusive economic zone. The next day, the Guinean Navy boarded the Saiga just beyond Guinea’s exclusive economic zone and the master, crew, and the ship were arrested. The government of Guinea charged the master with importing “without declaring it, merchandise that is taxable on entering national Guinean territory, in this case diesel oil” and brought criminal proceedings against him for “committing the crimes of contraband, fraud, and tax evasion.”
November …show more content…
Plaintiffs, investors in the Society of Lloyd’s, brought this diversity action against defendants
R. W. Sturge, Ltd., the Society of Lloyd’s, the Council of Lloyd’s and the Corporation of Lloyd’s seeking to rescind their investment contracts under Ohio securities law.
Procedural History November 1993, plaintiffs filed this action in the Court of Common Pleas in Hamilton County, Ohio, alleging that defendants Sturge, Lloyd’s, the Corporation, and the Council violated Ohio securities law by selling unregistered and non-exempt securities in violation of chapter x1707 of the OHIO REVISED CODE. Under OHIO REVISED CODE §1707.43, “[e]very sale or contract for sale made in violation of Chapter x1707 of the REVISED CODE, is voidable at the election of the purchaser.” Plaintiffs sought to rescind the contracts and be returned to their original positions, offering to return any benefits which they had received from their investments with Lloyd’s.
Defendants removed the action to the US District Court for the Southern District of Ohio and filed a motion to dismiss for improper venue. The magistrate judge, following a hearing, recommended that the motion to dismiss for improper venue be granted. The District Court adopted this recommendation on December 22, 1993.
Whether the court of Appeal was right in affirming the ruling dismissing