Russian Space Giant Moves to Dismiss Boeing Suit

Russian space giant SP Korolev Rocket and Space Corporation Energia (Energia) filed documents with a US federal court last week seeking the dismissal of a $350 million breach-of-contract lawsuit filed by American aerospace and defense conglomerate Boeing. In February, Boeing filed a complaint against Energia and Ukrainian company Yuzhnoye SDO alleging breach of contract in connection with a series of contracts connected with the 1995 establishment of Sea Launch, a joint venture created to facilitate the sea-based launch of commercial satellites. Boeing seeks $355 million plus interest and legal fees. Energia filed two separate notices of its intent to move the court to dismiss or stay the case. The first seeks to dismiss or stay the claim for forum non conveniens; stay the claim pending the outcome of a parallel foreign proceeding, in accordance with US law; and dismiss the claim for lack of subject-matter jurisdiction. The second seeks to dismiss the claim with prejudice based on Boeing’s alleged failure to state a claim upon which relief can be granted; a lack of subject-matter jurisdiction; and Boeing’s lack of capacity to assert claims before the court.

http://www.rapsinews.com/judicial_news/20130401/266889247.html