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Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit

Marilyn Odendahl
September 10, 2012
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The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.

According to attorney Stuart Grant, the Indiana pension fund has not joined the lawsuit but has filed a separate suit against the retailer asking for company books and records regarding the investigation of a bribery scandal.  

Yet, Delaware Chancery Court Judge Leo Strine made the Indiana union co-lead plaintiff because, in his opinion, the Indiana fund is taking the proper strategy in conducting its own review of company documents rather than relying on media reports.

The other co-lead plaintiffs are the California State Teachers Retirement System and the New York City Employees’ Retirement System.

The lawsuits stem from allegations, reported by The New York Times, that Wal-Mart employees bribed Mexican officials to get building permits which helped the company’s growth in the country.

Grant explained the pension funds are not suing Wal-Mart. The funds want to ensure that any fines or criminal liability be born solely by the directors and not by the company because the board of directors appears to have squashed an investigation into the bribery scandal.

“We’re not trying to hurt Wal-Mart,” Grant said.

The IBEW (International Brotherhood of Electrical Workers) has a good relationship with Wal-Mart, he continued, noting the union members shop at the store, are stockholders and want the company to prosper which will, in turn, benefit them.

The federal government is also investigating the bribery incident to see if Wal-Mart violated the U.S. Foreign Corrupt Practices Act of 1977.

In addition, the Indiana fund is suing to force Wal-Mart to turn over internal company reports regarding the investigation into the allegations. According to the Indianapolis Star, the attorneys for the electrical workers received 3,474 documents from the retailer but nearly half were redacted. In a twist, an anonymous informant mailed the plaintiff a slew of papers that the Indiana pension fund lawyers say supports the allegations in the Times’ story.

Whether the Indiana pension fund will join the suit against the board depends on what the internal company documents reveal, Grant said. However, he did indicate there is a strong possibility the IBEW will become a party to the lawsuit.  

“Based on what I’ve seen, it’s ugly for these directors,” he said.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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