Admin appropriations bill includes $100,000 to settle federal lawsuit

Pago Pago, AMERICAN SAMOA — The Administration’s proposed appropriation bill, already submitted to the Fono for approval, includes more than $100,000 for partial settlement of litigation against the American Samoa Government in the High Court of American Samoa.

The local litigation, according to language of the bill — to be taken up by lawmakers when the Fono convenes in July — includes: $20,000 in the Howard Dunham case and $17,000 each in the cases for Lolesio Smith, Maatulimanu Maea, Simi Paepae and Togotogo Sotoa.

While court documents for the partial settlement of these cases where not readily available, Samoa News archive stories show that these five individuals are fishing alia owners and operators listed in a High Court ruling and order after their successful lawsuit against ASG.

As Samoa News reported in October 2021, the Trial Division of the High Court concluded that ASG is liable to plaintiffs (owners and operators of local alia fishing boats) for damage sustained to property and livelihood.

The dispute against ASG started in 2019 after three local alia owners filed a lawsuit against ASG — the owner of the marine railways and dry dock facility in Satala —  for causing damage to their fishing alia. And this was during an ASG sponsored alia-refit-program, during the latter part of 2017 and early 2018. (See Samoa News online Oct.  18, 2021 edition for the court decision story.)

The other High Court case listed in the appropriation bill is the partial settlement of $90,000 in the case of Mona and Nicholas King against ASG. Samoa News was not able to obtain information on this matter.

And finally, the appropriation bill, includes $100,000 for the “Simeonica Tuiteleleapaga/ DOL v. ASG and DHSS, Consent Decree” — a case pending at the federal court in Honolulu. (See Samoa News edition Tuesday this week for details).

According to the Administration, the total appropriation bill is $278,000 for the Partial Settlement of various legal claims against ASG as agreed upon. The funding source for the proposed legislation comes from unbudgeted, unexpended, and unobligated revenue of ASG for current fiscal year 2023.

Lawmakers are expected to seek more information on each partial settlement when the bill is officially introduced in the Fono and becomes the subject of committee hearings.