STATE COURT DISMISSES WITH PREJUDICE COMPLAINT AGAINST FREEPORT-McMoRan COPPER & GOLD INC.; Dismissal of Similar Case Against FCX in Federal Court Now Final.Business Editors NEW ORLEANS--(BUSINESS WIRE)--March 23, 2000 Freeport-McMoRan Copper & Gold Inc. (FCX FCX French Connexion (gaming site) FCX Freeport-McMoran Copper & Gold Inc (stock symbol) FCX Fuel Cell Experiment (Honda) FCX Fire Coordination Exercise FCX Fire Control Exercise ) (NYSE NYSE See: New York Stock Exchange :FCX) announced today the decision of the Civil District Court for the Parish of Orleans, State of Louisiana CODE, OF LOUISIANA. In 1822, Peter Derbigny, Edward Livingston, and Moreau Lislet, were selected by the legislature to revise and amend the civil code, and to add to it such laws still in force as were not included therein. to dismiss with prejudice the third amended complaint amended complaint n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), filed against FCX on behalf of Yosepha Alomang, an Indonesian citizen. Judge Michael G. Bagneris, the trial judge, ruled on March 21 that the plaintiff's petition failed to state a cause of action against FCX. The lawsuit, originally filed in 1996, had been amended three times previously, resulting in this ruling in which Judge Bagneris concluded that the plaintiff "cannot set forth facts" establishing liability for alleged torts in Indonesia. Judge Bagneris cited legal authority prohibiting "vain and useless" amendments and dismissed the lawsuit "with prejudice," meaning the plaintiff may not amend or refile the suit in the Civil District Court. Paul S. Murphy, FCX Senior Vice President, said, "We have always been confident that this case would be dismissed because the claims have no basis in law or in fact. The plaintiff has failed repeatedly over four years to plead any facts under any theory of law to establish any wrongdoing wrong·do·er n. One who does wrong, especially morally or ethically. wrong do by FCX." In a very similar case filed in federal court in 1996 by the same attorney on behalf of Tom Beanal, another Indonesian citizen, the U.S. Fifth Circuit Court of Appeals on November 29, 1999 affirmed the U.S. District Court's earlier dismissal with prejudice dismissal with prejudice n. see dismissal. . Both suits made baseless environmental and human rights claims. The time to appeal the Fifth Circuit ruling has lapsed and the federal court case against FCX is now dismissed with finality. In a strongly worded ruling not unlike Judge Bagneris' March 21 ruling in state court, the Fifth Circuit Court of Appeals said that the U.S. District Court provided the federal court plaintiff repeated opportunities to amend the complaint and provide sufficient underlying facts, but the plaintiff was unable to do so. "In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke" put differently , the plaintiff still had not furnished any facts to support the baseless accusations. That is because there are no facts to support those accusations," said Murphy. Despite these baseless lawsuits, FCX and its mining affiliate, PT Freeport Indonesia (PT-FI), have maintained their efforts to fulfill their commitments to continuously improve their environmental management programs and their relationship with the local people of Irian Jaya (Papua). An independent environmental audit of PT-FI released in December 1999 "...found the Environmental Management System developed and implemented by PT-FI to be exemplary and a showcase for the mining industry." FCX has also proactively sought to protect and promote human rights in its areas of operations, adopting one of the most comprehensive Social and Human Rights policies in international business. In addition, late last year, Freeport named Judge Gabrielle Kirk McDonald, a former Presiding Judge presiding judge n. 1) in both state and federal appeals court, the judge who chairs the panel of three or more judges during hearings and supervises the business of the court. of the International Criminal Tribunal for the former Yugoslavia The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the in The Hague, Netherlands, to the post of Special Counsel to the Chairman for Human Rights. FCX has consistently and emphatically condemned human rights abuses. Moreover, when allegations arose of such abuses in its area of operations An operational area defined by the joint force commander for land and naval forces. Areas of operation do not typically encompass the entire operational area of the joint force commander, but should be large enough for component commanders to accomplish their missions and protect their , FCX supported every legitimate investigation, none of which found any wrongdoing on the part of PT-FI or its personnel. FCX is engaged in mineral exploration and development, mining and milling of copper, gold and silver in Irian Jaya (Papua), Indonesia and the smelting and refining of copper concentrates in Spain and Indonesia. Additional information about FCX is available on our web site (www.fcx.com). |
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