|LEGAL UPDATE as of December 1, 2000|
Seven individuals and five organizations, including the BGIA, filed a class action suit on November 15, 1999 in the Federal District Court of New York against Union Carbide Corporation and its former Chairman Warren Anderson. The suit charged the Corporation and the official with grave violations of international law and human rights arising from their "reckless and depraved indifference to human life" in perpetrating the disaster. In the context of Union Carbide and Anderson absconding justice in Indian courts the suit invoked the Alien Tort Claims Act, a US law that permits foreigners to bring claims against a US private company committing gross violations of human rights. The case is being represented by the New York based law firm Goodkind, Labaton, Rudoff and Sucharow reputed for their success in cases of large public interest.
Achievements of the legal action
2. Through this legal initiative Mr Anderson, a proclaimed absconder for the last eight years, was forced to submit himself to the judicial process albeit in the US courts.
3. Through this case Union Carbides continuing refusal to provide any scientific information on the leaked gases has also been presented to the US courts and world press for the first time.
4. The issue of the ongoing toxic exposure from contamination of soil and water around the factory site has been raised as another separate grounds for damages and relief of an environmental clean-up.
Decision on the suit and further action
|Wed Nov. 29, 2000, 10:30am - Telephonic pre-argument
conference between counsel
On or before Dec. 13, 2000 - Index to the record on appeal, docket entries and clerk's certificate
Dec. 20, 2000 - Appellant's (Plaintiffs) brief and joint appendix to be filed
January 19, 2001 - Appellee's brief (defendants) must be filed
March 5, 2001 - Oral argument on the appeal will be heard