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In re Union Carbide Corporation Gas Plant Disaster at Bhopal, India in December 1984

United States Court of Appeals for the Second Circuit
809 F.2d 195 (1987)


Facts

An industrial accident at a gas plant in India caused the deaths of over 2,000 people and injuries of more than 200,000. The plant in India was operated entirely by citizens of India. There were no American workers at the plant and no American deaths. Union Carbide Corporation (UCC) (defendant) was named in more than 6,500 lawsuits arising from the disaster, all brought in the United States by citizens of India (plaintiffs). The suits were consolidated in multidistrict litigation in the United States District Court for the Southern District of New York. UCC moved to dismiss the case from the United States courts on the ground of forum non conveniens. The district court granted the motion on the condition that UCC consent to both the enforcement of the Indian court award in the United States and to discovery under the Federal Rules of Civil Procedure in the Indian proceeding. UCC appealed the consent requirements, and the plaintiffs appealed the dismissal under forum non conveniens.

Rule of Law

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Issue

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Holding and Reasoning (Mansfield, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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