23.05.2011

NCCCO wins dispute

The US based crane operator certification company, the National Commission for the Certification of Crane Operators (NCCCO) has won a lawsuit brought against it in the California Superior Court by California Crane School (CCS) and its owner, John Nypl.

The jury took little time to deliberate on their verdict, returning a complete defence verdict for NCCCO, awarding CCS and Nypl nothing.
Nypl had claimed that NCCCO and its testing services provider, International Assessment Institute (IAI), intentionally interfered with certain business relationships of CCS and Nypl, with the intention of causing them harm. Nypl was claiming more than $5 million in damages.

Nypl and his company originally demanded more than $30 million from NCCCO filing their original complaints in Oakland and Nevada City, California but NCCCO succeeded in having the suit transferred to Sonora. The original case also asserted claims for alleged violations of California's antitrust and unfair competition laws, but those claims were thrown out before the case made it to trial, leaving the claims for alleged business interference.

In a separate action brought by NCCCO last year, a federal judge found that CCS and Nypl were in civil contempt for violating a 2005 permanent injunction against them and that they had breached a settlement agreement arising out of NCCCO's 2005 complaint against CCS and Nypl for copyright infringement and misappropriation of trade secrets. See NCCCO wins in court
See Trainer sues NCCCO
NCCCO president, John M. Kennedy said: "NCCCO vigorously defended this action in the firm knowledge and belief that its treatment of CCS and Mr Nypl has been fair and appropriate. The decision of the jury in favour of NCCCO is a vindication of the steps we were obliged to take to prevent damage to the quality and integrity that has become a hallmark of CCO certification over the past 15 years."

"Whenever there is evidence of inappropriate conduct by firms or individuals who desire to participate in CCO certification programs, NCCCO has an obligation to ensure they comply with all prevailing policies and procedures," added NCCCO executive director, Graham Brent. "To do otherwise could undermine the integrity of CCO certification and put at risk those who rely on it to mitigate the hazards associated with working around cranes."