Friday, June 28, 2013
Jun 27: In the U.S. Court of Appeals, Second Circuit, Case No. 12-2983. Appealed from the June 27, 2012 judgment of the United States District Court for the Southern District of New York. The Appeals Court issued a 9-page, non-precedential Summary Order.
The Appeals Court states, "Plaintiff Janki Bai Sahu and several others similarly situated (referred to together as Sahu) bring this tort suit to recover from injuries allegedly caused by exposure to soil and drinking water polluted by hazardous wastes produced by the Union Carbide India Limited (UCIL) pesticide plant (Bhopal plant or plant) in Bhopal, India. Sahu seeks monetary damages and an injunction requiring remediation and medical monitoring from the Union Carbide Corporation (Union Carbide), which was formerly a majority owner of UCIL, and from Warren Anderson (together with the Union Carbide Corporation, UCC), Union Carbide's former CEO. Sahu now appeals from an order of the District Court granting summary judgment to UCC."
The Appeals Court concludes, "Sahu and many others living near the Bhopal plant may well have suffered terrible and lasting injuries from a wholly preventable disaster for which someone is responsible. After nine years of contentious litigation and discovery, however, all that the evidence in this case demonstrates is that UCC is not that entity. Accordingly, and for the reasons set out above, we affirm the June 27, 2012 judgment of the District Court."
Access the complete Summary Order (click here). Access the Sahu v. Union Carbide website by EarthRights International for extensive background information on this case (click here). [#Toxics]
Posted by JPMcJ at 4:29 PM