July 26, 2006
Stolt-Nielsen makes renewed application to Supereme Court
Stolt-Nielsen (NASDAQ:SNSA) (Oslo:SNI.OL) announced today that it has asked Supreme Court Justice John Paul Stevens to keep in force an injunction by a federal district court that prevents the Department of Justice's Antitrust Division from breaching its amnesty agreement and bringing charges against the Company and its executives.
The move comes after Supreme Court Justice David Souter yesterday rejected an emergency appeal by Stolt-Nielsen SA to freeze the Justice Department's pursuit of antitrust charges against it.
Today, in a Renewed Application, pursuant to Rule 22.4 of the Rules of the Supreme Court of the United States, the Company formally requested that Justice Stevens (the Circuit Justice for the Seventh Circuit) stay the lifting of the injunction that was ordered by the Third Circuit earlier this month.
Justice Souter is the Circuit Justice for the Third Circuit. Stolt-Nielsen says it is now seeking a stay from Justice Stevens in his role as Circuit Justice for the Seventh Circuit "because of the split between the Seventh Circuit and the Third Circuit on the underlying constitutional issues at stake in this matter."
Separately, Stolt-Nielsen last week asked the U.S. Supreme Court to agree to review the case and the Antitrust Division's attempt to breach its promise of amnesty for the company.
Stolt-Nielsen says that Justice Souter's determination does not, and any decision by Justice Stevens will not, have an impact on Stolt-Nielsen's ability to pursue Supreme Court review by writ of certiorari.
"Whether or not we ultimately succeed with Supreme Court review of the case, we will promptly move to dismiss any action brought against the company by advancing the very same legal arguments that prevailed when the district court enjoined any prosecution based on our amnesty agreement with the Antitrust Division,'' said James B. Hurlock, an outside director and Chair of the SNSA Board of Directors' Legal Affairs Committee