Ohntrup v. Makina Ve Kimya Endustrisi Kur

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In 1975, a pistol manufactured by MKEK malfunctioned, firing a bullet through Ohntrup’s hand while he loaded the gun. The court held the seller, Firearms Center and MKEK, which is wholly owned by the Republic of Turkey, jointly liable for $847,173.97 and required MKEK to indemnify Firearms Center. The Morgan law firm represented MKEK, but after appeal, sought to withdraw. The court permitted the individual lawyers to withdraw but required the firm to remain as counsel of record until MKEK hired substitute counsel. The Third Circuit affirmed, characterizing MKEK as an intractable litigant and stating that a communication gap would hamper post-judgment proceedings. The Ohntrups tried to collect their judgment; MKEK disregarded the Ohntrups’ discovery requests. The Ohntrups sought assistance from the State Department and pursued MKEK in Turkish courts, to no avail. In 2007, Ohntrup’s widow obtained a $16 million civil contempt judgment against MKEK that grows by $10,000 annually. Ohntrup’s judgments against MKEK are now worth about $25 million. In 2011, Ohntrup’s lawyers learned of a $16.2 million transaction in which a Minneapolis-based company. (Alliant), agreed to sell munitions manufacturing components to MKEK. Ohntrup obtained some discovery from Alliant, but the district court denied subsequent discovery requests. When Ohntrup renewed her post-judgment discovery efforts, Morgan was granted leave to withdraw. The Third Circuit affirmed the order granting leave to withdraw, but remanded the discovery order. The court erred when it relied upon the uncertainty surrounding the judgment creditor’s ability to attach the targeted property.View "Ohntrup v. Makina Ve Kimya Endustrisi Kur" on Justia Law