Legion for the Survival of Freedom, Inc. v. Carto, et al.
Published: Jan. 4, 1997 | Result Date: Nov. 13, 1996 | Filing Date: Jan. 1, 1900 |Case number: N64584 – $10,234,400
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, Legion for the Survival of Freedom, Inc. dba Institute for Historical Review, is a non-profit corporation and publisher of revisionist historical materials. Jean Farrel Edison, the grandniece of inventor Thomas Edison, was a wealthy expatriate American living in Switzerland. In 1984, Edison established NECA, a Liberian corporation, for the purpose of transferring her estate to the plaintiff at death. NECA issued 20 bearer certificates, which Edison stored in various safe deposit boxes around the world. The keys to the safe deposit boxes were entrusted to defendant Willis Carto, who had for many years acted as the plaintiff's business agent. When Edison died in 1985, a neighbor contested her will and litigation ensued in various tribunals around the world over ownership of the NECA assets. The plaintiff provided defendant Carto with power of attorney to litigate the will contest on its behalf. The will contest was settled in Switzerland in 1990. Pursuant to the settlement, the plaintiff was entitled to recovery of $7.5 million of the NECA assets, together with 45 percent of Edison's holdings in gold, diamonds and unset stones. Only a small fraction of the settlement proceeds were recovered by the plaintiff. $2.65 million of the proceeds from the will contest settlement were funneled by defendant Carto to defendant Liberty Lobby, Inc., a non-profit corporation based in Washington, D.C. which lobbies Congress and advocates extreme right-wing causes. No precise accounting has been provided for the balance of the Edison estate. The plaintiff brought this action against the defendants based on fraud and conversion theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand of $3 million. The defendants made a C.C.P. º998 offer of compromise for $200,000.
Damages
The plaintiff claimed $6.43 million in damages.
Other Information
The verdict was reached approximately two years and four months after the case was filed.
Deliberation
______ hours
Poll
__________ (#s pls.)
Length
10 days
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