Event
Bhopal suits sent to India, 1986 to 1987
A New York judge dismissed the American Bhopal suits so they could be tried in India; the appeals court affirmed with changes in January 1987.
- Dates
- May 1986 – Jan 1987
Connections 7
interventions
- Government of India 8 Apr 1985 sued Union Carbide Corporation in New York as the victims’ sole representative Primary record 12
-
U.S. District Court for the Southern District of New York
May 1986
dismissed the American suits so they could be tried in India
Primary record
1
The Supreme Court of India dates Judge Keenan’s order 10 June 1986; the Press Trust of India dates it 12 May 1986.
- U.S. Court of Appeals for the Second Circuit 14 Jan 1987 affirmed the dismissal as modified Primary record 2
involved
- Union Carbide Corporation defendant; said it would submit to India’s courts Primary record 1
- U.S. District Court for the Southern District of New York granted Union Carbide’s motion to dismiss, on conditions Primary record 2
- U.S. Court of Appeals for the Second Circuit removed two of the three conditions and otherwise affirmed Primary record 2
- Government of India plaintiff for the victims; opposed the dismissal at first, then supported it on appeal Primary record 12
Timeline 4 dates
- 8 Apr 1985 Government of India intervened in Bhopal suits sent to India, 1986 to 1987
- May 1986 – Jan 1987 Bhopal suits sent to India, 1986 to 1987
- May 1986 U.S. District Court for the Southern District of New York intervened in Bhopal suits sent to India, 1986 to 1987
- 14 Jan 1987 U.S. Court of Appeals for the Second Circuit intervened in Bhopal suits sent to India, 1986 to 1987
Proof 2 sources
-
Union of India v. Union Carbide Corporation, curative petitions, order of 14 March 2023 (LiveLaw copy of the order), Supreme Court of India (text via LiveLaw), 14 Mar 2023.
Primary record
This granted the Central Government an exclusive right to represent and act in place of every person who was entitled to make a claim for compensation.
Judge Keenan allowed this plea vide order dated 10.06.1986 and dismissed the consolidated action on the basis of several factors, including the presence of witnesses and evidence in India.
The order however recorded UCC’s statement that it shall consent to submit to the jurisdiction of the Courts of India.
a suit was filed by the Union of India against UCC before the District Judge, Bhopal, seeking compensation of approximately US $ 3.3 billion.
-
In re Union Carbide Corporation Gas Plant Disaster at Bhopal, India in December, 1984, 809 F.2d 195 (2d Cir. 1987) (copy posted by Union Carbide), U.S. Court of Appeals for the Second Circuit, 14 Jan 1987.
Primary record
Thereupon the UOI, purporting to act in the capacity of parens patriae, and with retainers executed by many of the victims, on April 8, 1985, filed a complaint in the Southern District of New York
In short, the plant has been constructed and managed by Indians in India.
The Southern District of New York, John F. Keenan, Judge, granted the motion of Union Carbide Corporation (UCC)
We eliminate two of the conditions imposed by the district court
The Union of India, however, has changed its position and now supports the district court's order.
Page history 1 change
- Add 55 stories, each checked against its sources96e92fe6
Something wrong or missing? Tell us, with a source, or edit this page.