Wednesday, November 5, 2008

Second Circuit Reinstates Bhopal Disaster Case Based on Water Pollution

Article on Reuters -- U.S. court reinstates Bhopal water pollution case, by Martha Graybow.  Here's an excerpt:

A lawsuit contending that thousands of people in India were exposed to polluted drinking water after the 1984 Union Carbide toxic-gas disaster in Bhopal was reinstated on Monday by a U.S. appeals court, which said a lower court improperly threw out the case.

The U.S. Court of Appeals for the Second Circuit in New York sent the lawsuit back to a Manhattan federal court judge for further proceedings.

A three-judge panel of the appeals court found that the lower court had erred by granting the defendants' request for summary judgment in the case before giving the plaintiffs the opportunity to gain access to certain pretrial documents and other information they had sought.

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The lawsuit was brought on behalf of people who lived or worked near the Bhopal plant who say they suffered ailments including cancer and neurological damage caused by contaminated groundwater. The legal claims were first brought in 1999 after a study by environmental group Greenpeace found widespread water contamination in the area, said Richard Lewis, one of the lawyers for the plaintiffs.

BGS

http://lawprofessors.typepad.com/mass_tort_litigation/2008/11/second-circuit.html

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