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Bhopal, India - Union Carbide Disaster

Sahu, et.al. v. Union Carbide Corporation, et.al.
Index No. 04 CV 08825, Southern District of New York
April 2014

Hausfeld LLP lawyers represent residents of Bhopal, India who were exposed to toxic wastes, which have contaminated the soil and drinking water surrounding the infamous Union Carbide Plant, which was the site of the1984 gas leak that killed and injured thousands of nearby residents.  Since the gas leak disaster in 1984, Union Carbide has abandoned the plant, causing the remaining chemicals to enter the surrounding groundwater and resulting in high rates of cancer and neurological disorders in neighborhoods surrounding the plant.  

In 1999, an initial lawsuit was filed in the Southern District of New York seeking to compel Union Carbide to clean up the plant site and to provide medical monitoring to the surrounding communities and pay damages to those who have been injured by the extensive pollution.  Although this lawsuit was ultimately dismissed because the Court found that the named plaintiffs lacked standing (due to a lack of beneficial interest in the surrounding land), another case was filed in 2004.  

In the 2004 action, the District Court granted summary judgement in favor of Union Carbide in 2006, which was upheld by the Second Circuit Court. In 2007, while Sahu I was on appeal, Sahu II was filed, asserting property damage claims.  

In Sahu II, Union Carbide has moved for summary judgment arguing that Sahu II should be dismissed on the same grounds as Sahu I. The Sahu II plaintiffs opposed that motion, presenting evidence of Union Carbide's responsibility that was not before the Court in Sahu I. The summary judgment motion is currently pending.

Practice Areas: Environmental Threats

 

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