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Attorney fees denied in dismissed EB-5 lawsuit

Attorney fees denied in dismissed EB-5 lawsuit

The South Dakota Board of Regents says a California arbitrator has denied its attempt to recover attorney fees and costs in a lawsuit related to the state's EB-5 investment-for-green card program.

The board says the ruling brings the case to a close.

The arbitrator in early October dismissed the breach-of-contract lawsuit filed against the state in 2008 by California-based Darley International. The company once had an agreement to recruit investors in China for EB-5 projects in South Dakota. Arbitrator Robert Baines found that the state business institute at Northern State University that ran the EB-5 program in South Dakota was legally justified in ending the contract.

Regents CEO Jack Warner says the board tried to recover $510,000 in attorney fees and costs, but the arbitrator denied all claims.


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  • South Dakota

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