John M. and Rita K. Monahan - Page 19

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          See also Yamaha Corp. of Am. v. United States, 961 F.2d 245, 257            
          (D.C. Cir. 1992) (quoting Jones v. United States, supra).                   
               Petitioners also assert the following as another change in             
          the controlling facts:                                                      
               [W]hen the case [Monahan I] was tried in January of                    
               1993, Lyn Bell had not yet caused Grove Management                     
               Limited to be stricken from the Registry of Companies.                 
               His demonstrated and undisputed ability to dissolve                    
               Grove Management demonstrates his control over that                    
               company and proves that Aldergrove was not Petitioner's                
               alter ego.                                                             
          That purported change in controlling facts, according to                    
          petitioners, is sufficient to prevent application of issue                  
          preclusion.  Petitioners' assertion appears to be a variation of            
          an argument made in a memorandum in support of their motion for             
          reconsideration of Monahan I, filed June 13, 1994 (the                      
          reconsideration motion).  In that memorandum, petitioners argued            
          as follows:                                                                 
                    When the case [Monahan I] was tried in January of                 
               1993, Grove Management Limited was a solvent entity.                   
               The Court might reasonably conclude, as it did, that                   
               petitioner's SAR's in Grove Management, Ltd., were                     
               valuable assets.  In December of 1993, however,                        
               petitioners were advised by Anguillan counsel that GML                 
               was listed as an inactive corporation and was to be                    
               stricken from the Anguillan Register of Companies.                     
               Petitioners' SAR's were rendered worthless by the                      
               striking, and the Court's conclusion that the Monahans'                
               retained control over funds placed in GML by virtue of                 
               those SAR's became untenable.                                          
          The Court of Appeals for the Ninth Circuit, in reviewing this               
          Court's denial of the reconsideration motion, rejected that                 







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