Marianas Variety

Last updateFri, 23 Aug 2019 12am

Headlines:

     

     

     

     

     

    Thursday, August 22, 2019-3:12:50A.M.

     

     

     

     

     

Font Size

Settings

MCC says 7 workers’ lawsuit did not include third-party responsible for their injuries

MCC International Saipan Limited, one of the construction firms contracted by Imperial Pacific International to build the casino-hotel facility in Garapan, has asked the federal court to dismiss the lawsuit filed by seven foreign workers.

MCC, through attorney Robert T. Torres, said the workers’ complaint failed to state facts sufficient to state a claim on which relief can be granted.

Torres said the claims are barred by applicable statutes of limitations and the court lacks subject matter jurisdiction.

Moreover, he said the complaint did not include and name a third-party responsible for the injuries of the workers, adding that MCC has no control over the third-party. MCC did not identify the third-party.

The plaintiffs are Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yang.

They are represented by New York-based lawyer Aaron Halegua and local attorney Bruce Berline in their lawsuit against Imperial Pacific International and its contractors, MCC and Gold Mantis Construction Decoration (CNMI) LLC.

In their 47-page first amended complaint, the workers sued the defendants for forced labor, negligence, and liability for employees of subcontractor.

The amended lawsuit also brings claims under the federal Trafficking Victims Protection Act or TVPA, as well as claims under CNMI law for the injuries they suffered. These included a badly burnt leg, a scalded hand, and a partially severed finger.

Torres said MCC acted in good faith and had reasonable grounds for believing that its actions were in compliance with the law.

Moreover, MCC is not liable for any damages “because if any person or entity engaged in intentional, willful, or unlawful conduct as alleged in the complaint, such person did so without the knowledge, authorization or ratification of MCC,” Torres said.

He added that the injuries claimed by the workers were not caused by the practice and/or procedures promulgated and/or tolerated by MCC.