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Despite Dubai World spending $5 million dollars in Court costs and having nine lawyers at the trial the Jury did not awarded any damages.

I would look at this as a victory for Herve. I hope he can move on and rebuild his life.

After six hours of deliberating Monday, a federal jury voted not to award money damages to Dubai World Corp. or to submarine builder Herve Jaubert, who had been squaring off against the global conglomerate during a civil trial that began Feb 14.

http://www.tcpalm.com/news/2011/feb/28/ ... stuart-vs/

Herve is a very determined man and I am sure he will be successful in whatever he pursues. I wish him all the luck, just wish it had turned out to be more in his favor.

I agree Bora, Herve is a survivor and a bit of a hero in my book. I hope he comes back to DF soon.

A trial or verdict would not have happened in UAE. Although not a monetary victory the fact that he was able to sue and gets his day in court would be satisfying (certainly not a win for DW - as if what they claimed were true the jury would have awarded damages in their favor)...

p.s. that's the George D. I met on my flight...

The case was more about DW defending themselves against the initial case raised by Herve, so I see it as a win for them.
DW would never have been awarded damages for what was simply a failed business venture.
Herve on the other hand could have easily been awarded damages for his claims of false imprisonment, defamation etc, and was very unlucky not to win.
So why didn't the jury award him anything?
I'll let YOU be the judge of that

I wouldn't call it a win either for Herve, even stated in the article that he was "dissapointed". I could be easily labled a win for DW.

Also this bring to light the dodgy 2 million deposit that the Mrs couldn't recall. This does indicate that there was something fishy going on. Although DW is no saint but neither is Herve.

Also Herve from day one of joining DF has been saying what he wrote in the book was just the tip of the Ice berg and he has tons and a lot more incriminating stuff to say but can't because of the case. Now that the case is over lets see if what more there was, if anything at all.

desertdudeshj wrote:Also Herve from day one of joining DF has been saying what he wrote in the book was just the tip of the Ice berg and he has tons and a lot more incriminating stuff to say but can't because of the case. Now that the case is over lets see if what more there was, if anything at all.

That'll be in the second book ... "Herve, the spy who shags me".

Herve was the defendant in this case. There wasn't anything dodgy in his bank deposit. It was the funds from the sale of property.

Let me get this right..there were two lawsuits, one in the district court and one in the federal court. Both then get converted into 1 ruling, owing to which the scope of Herve's complaint was significantly reduced (brilliant courtroom maneuvering I must say). Now what on earth was the verdict of the federal court. We know that no monetary damages were awarded to either party, but what was the verdict?
Although the article suggests that Herve was made to pay $335,000 in an earlier ruling. (now I'm no lawyer but does that make any sense at all? Why would one case have two separate rulings?)

MCL, it appears that there were two cases: DW brought a case against Herve for breach of contract and was awarded the money from that case, and then case where the charges/claims were totally apart from the first case.

You really can't declare a winner or a loser when neither side gets an award. Bascially the case was thrown out based on the verdict of the jury which was neither party would be awarded anything. Apparently neither side was able to prove their case without a shadow of doubt. There must have been plenty of doubt for DW and Herve in the minds of the jurors.

Misery Called Life wrote:Let me get this right..there were two lawsuits, one in the district court and one in the federal court. Both then get converted into 1 ruling, owing to which the scope of Herve's complaint was significantly reduced (brilliant courtroom maneuvering I must say). Now what on earth was the verdict of the federal court. We know that no monetary damages were awarded to either party, but what was the verdict?
Although the article suggests that Herve was made to pay $335,000 in an earlier ruling. (now I'm no lawyer but does that make any sense at all? Why would one case have two separate rulings?)

It is complicated but cases often contained more than on "cause of action" and during the course of the case there can be many rulings including applications/motions for summary judgement and/or dismissal of one or more causes of action. The case was moved to federal court becaus of "diversity" (meaning citizens of different states or countries) - the trial was on one of the causes of action with all others having been dismissed... I think

-- Tue Mar 01, 2011 5:46 pm --

Bora Bora wrote:MCL, it appears that there were two cases: DW brought a case against Herve for breach of contract and was awarded the money from that case, and then case where the charges/claims were totally apart from the first case.

You really can't declare a winner or a loser when neither side gets an award. Bascially the case was thrown out based on the verdict of the jury which was neither party would be awarded anything. Apparently neither side was able to prove their case without a shadow of doubt. There must have been plenty of doubt for DW and Herve in the minds of the jurors.

All it means is that neither party was able to convince the jury that they suffered damages for which the law provides compensation (because of the other's breach). BTW, as this was a civil case there is no need for proof "without a shadow of doubt" or "beyond reasonable doubt" but the standard is "by preponderance of the evidence" (that is, that it more likely that it happened than not).

Ambassador wrote:

Misery Called Life wrote:Let me get this right..there were two lawsuits, one in the district court and one in the federal court. Both then get converted into 1 ruling, owing to which the scope of Herve's complaint was significantly reduced (brilliant courtroom maneuvering I must say). Now what on earth was the verdict of the federal court. We know that no monetary damages were awarded to either party, but what was the verdict?
Although the article suggests that Herve was made to pay $335,000 in an earlier ruling. (now I'm no lawyer but does that make any sense at all? Why would one case have two separate rulings?)

It is complicated but cases often contained more than on "cause of action" and during the course of the case there can be many rulings including applications/motions for summary judgement and/or dismissal of one or more causes of action. The case was moved to federal court becaus of "diversity" (meaning citizens of different states or countries) - the trial was on one of the causes of action with all others having been dismissed... I think

-- Tue Mar 01, 2011 5:46 pm --

Bora Bora wrote:MCL, it appears that there were two cases: DW brought a case against Herve for breach of contract and was awarded the money from that case, and then case where the charges/claims were totally apart from the first case.

You really can't declare a winner or a loser when neither side gets an award. Bascially the case was thrown out based on the verdict of the jury which was neither party would be awarded anything. Apparently neither side was able to prove their case without a shadow of doubt. There must have been plenty of doubt for DW and Herve in the minds of the jurors.

All it means is that neither party was able to convince the jury that they suffered damages for which the law provides compensation (because of the other's breach). BTW, as this was a civil case there is no need for proof "without a shadow of doubt" or "beyond reasonable doubt" but the standard is "by preponderance of the evidence" (that is, that it more likely that it happened than not).

I thought I said that.

I certainly don't see this as vindication for the escape artist, I believe more detailed information is required as to the actual verdict.

Federal jury finds in favour of Dubai conglomerate, the jury in Fort Pierce reached its decision Monday evening, awarding Dubai World about $336,000

All of Jaubert's claims were rejected.

http://www.miamiherald.com/2011/02/28/2 ... or-of.html

Ooh what a tangled web we weave, when first we practice to decieve!

Zing !

Herve tells me that the jury ruled against all Dubai World's claims against him, which he says makes his Dubai conviction a wrongful conviction.
He wasn't able to convince the Jury that he had been a victim of abuse of process by Dubai World.
Dubai World won a summary judgement, a Judge's ruling, not a Jury ruling against his old company Seahorse Submarines, in the amount of $336,000 so in fact they don't get anything. No-one wins anything. Herve is satisfied that he has restored his name and credibility.
Dubai World will spin the decision, but in his eyes they lost as they paid $6 million in lawyers fees to get nothing.
He will be building submarines again.

The Judge's ruling was for "breach of contract". The judge apparently felt that Herve did not deliver the goods. I suspect it will be splashed across the front page of the Gulf News tomorrow. I'm sure DW has been very busy getting the word out.

Bethsmum wrote:Herve was the defendant in this case. There wasn't anything dodgy in his bank deposit. It was the funds from the sale of property.

So to state the obvious, why not simply tell the jury this instead of not recalling it happened?
Like his book, herve only tells one side of the story.

I think this could be classified as a Pyrric victory for DW and merely a moral one for herve.



Knight

Dubai Knight wrote:I think this could be classified as a Pyrric victory for DW and merely a moral one for herve.



Knight

DK, your reference to a "Pyrrhic Victory" is quite apt here as it refers to a very very costly war fought between the Greeks, Romans, and Cathargians. When the duelling Armies seperated, someone congratulated Pyrrhus, and in reply Pyrrhus said:"If we are victorious in one more battle with the Romans, we shall be utterly ruined."

I think both Herve and DW are big time LOOSERS!

Hello everyone.
Remember what Georges Dalton said in september 2009?
"I m quite confident that the US court will vindicate the decision of the Dubai court and find that he defrauded us."
http://www.thenational.ae/news/uae-news ... ubai-world
What a slap on the face, the court found the exact opposite.

It was a complicated case, however these are the facts:
Dubai World lost on all 5 counts stated in its civil complaint against me. Dubai World had sued me for breach of contract, fraudulent representation regarding my abilities as an expert submarine designer, negligent representation regarding same, breach of fiduciary duty and conversion. The jury found that I was not liable under any of these counts and found in my favor. It was "NO" across the verdict form.
The Judge, not the jury, in a summary judgment found Seahorse Submarines liable for 2 subs that were partially built. Seahorse was closed in 2006, this ruling will lead to nowhere.
However this is a warning that no one should ever trust the words of an Emirati, I moved these 2 subs to Dubai with me, without amending the contract, 2 years later Bin Sulayem turned on his words and and claimed the 2 subs were not completed when it was him who asked me to put them on hold.
Dubai World spent $8 million dollars, put huge ressources, 15 lawyers against one, private investigators, IT court room, 50,000 documents, travels back in forth to Dubai, London, Florida.......to claim $1M????
It did not make any sense. This was a smear campaign and attack to go after my book and prevent me to produce a movie.
They miserably failed, you should have seen them in court, fuming and red, the book goes on, there will be a second one, and a blockbuster movie.
On my side, i was bombarded with accusations, leaving me with no time to defend my claims for abuse of process, also the judge did not alllow me to present 2 witnesses, also victim of abuse of process at the hand of Dubai World.
So , i am happy i won, I restored my reputation and cleared my name, i am disapointed my claims for abuse of process were not understood.
It also proves that Dubai Justice system is corrupt, it is state sponsored extortion. Dubai World uses the judicial system for commercial purpose, threatening expatriates with prison and using the confiscation of their passports to force confessions and extortions.
Now I will soon build submarines, here in Florida, and Dubai World will go bankrupt, I dont give them 1 year, may be 2.

Well done Herve. Welcome back to DF.

benwj wrote:

Bethsmum wrote:Herve was the defendant in this case. There wasn't anything dodgy in his bank deposit. It was the funds from the sale of property.

So to state the obvious, why not simply tell the jury this instead of not recalling it happened?
Like his book, herve only tells one side of the story.

What s wrong with selling my house? I bought it AED3,2M, sold it AED8,5. now it is worth AED2M and no one will ever buy a house on the palm.
My story is authentic, true, Dubai World tried everything they could to prove me wrong, they failed .......... it was the truth all along, but such an embarrassing story.
The police are stupid and amateur, which makes them however more dangerous.

You made a killing Herve, people have a problem with someone doing well and seem to prefer to see them in downfall. That's a shame.

Bethsmum wrote:You made a killing Herve, people have a problem with someone doing well and seem to prefer to see them in downfall. That's a shame.

Thanks BM

My pleasure Herve. I hope things get back to normal for you and your family soon.

Welcome back Herve, must have been a busy few days eh ? Well now that the case is over, give us the real dirt ! Now don't tell us your saving it for the second book and movie.

Ambassador should have invited Mr George to the forums, so we can hear their side of story too. I’m sure in their version, Herve miserably failed.

Anyway I wish luck to DW, I don’t like Middle East enemies!

Herve - now that the case is over, and so you are free to talk candidly about everything, are DW correct in thier claim that you bumped up the price of materials by purchasing them though Seahorse Submarines?

And did you (or have you) ever built any submarines that are in operation? If so, how many?

Just curious.

Since the case is over, you can also drop the persona that you are an expert engineer and are going "back to building submarines", which sounds kinda silly to me.