American Vantage Companies' Appeal Upheld by California Court of Appeals.Business Editors LAS VEGAS--(BUSINESS WIRE)--Oct. 10, 2002 American Vantage Cos. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on :AVCS AVCS Advanced Vehicle Control System AVCS Advanced Vidicon Camera System AVCS Automatic Vehicle Control Systems AVCS Active Vibration Control System AVCS Attitude and Velocity Control Subsystem AVCS Air Vehicle Control System AVCS Active Valve Control System ) announced today that the Court of Appeals of the State of California, Fifth District, recently reversed the April 2001 order filed by the Superior Court of California, County of Fresno. The April 2001 order originally dismissed the company's civil action for breach and premature termination of the company's consulting contract with the Table Mountain Rancheria rancheria (ränchā`rēä), type of communal settlement formerly characteristic of the Yaqui Indians of Sonora, Mexico, and of various small Native American groups of the SW United States, especially in California. Casino & Bingo. The Superior Court's dismissal was based on its determination that federal law completely preempts the field of Indian gaming, but made no ruling on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of the action against the Table Mountain Rancheria Band of Indians. However, the Court of Appeals concluded that, "... the contracts at issue here are not, on their face, subject to the IGRA IGRA Indian Gaming Regulatory Act of 1988 (US) IGRA International Gay Rodeo Association (Denver, CO) IGRA International Guitar Research Archive IGRA Integrated Global Radiosonde Archive (Indian Gaming Regulation Act). Rather, only state law claims are involved. Consequently, appellant's complaint does not raise a federal question. Accordingly, the trial court erred in granting Table Mountain's motion to dismiss for lack of state court jurisdiction." With the reversal of the Superior Court's ruling, the company is now able to pursue its claim against the Table Mountain Rancheria Band of Indians in California Superior Court. This press release may contain forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. , which are subject to risks and uncertainties. The company's actual results may differ materially from those described in any forward-looking statements. Additional information concerning potential risk factors that could affect the company's business and financial results are included in the company's filings with the Securities and Exchange Commission. They can also be found on the Securities and Exchange Commission's Web site at www.sec.gov. |
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