Judge rules on Bateman Litwin lawsuit

By Erin Voegele | June 02, 2008
Web exclusive posted July 7, 2008 at 9:54 a.m. CST

In the pending lawsuit filed by Dutch energy company Bateman Litwin NV against the founders of Delta-T Corp., a Virginia-based ethanol process technology firm, a magistrate judge has ruled in favor of Delta-T founders Robert and Bibb Swain, recommending that the fraud aspects of the case be dismissed. The judge also recommended that defamation claims brought against Bateman Litwin and certain Bateman Litwin executives by the Swains be allowed to move forward.

The lawsuit was originally filed in the U.S. District Court for the Eastern District of Virginia on Dec. 21, 2007, by Bateman Litwin. Bateman Litwin claimed that Robert and Bibb Swain misrepresented the company's financial status during the July 2007 sale of Delta-T to Bateman Litwin. The Swains countered by claiming the sale coincided with a downturn in the biofuels economy.