Author Topic: Bhopal  (Read 287 times)

0 Members and 1 Guest are viewing this topic.

Offline wreckhog

  • Trade Count: (55)
  • Senior Member
  • *****
  • Posts: 2997
Bhopal
« on: June 07, 2010, 04:03:22 AM »
Not sure who remembers this.

UC paid roughly $500 settlement per dead family. To accomplish this feat, they hired US lawyers for many, many hours at roughly $375/hour. To give you some perspective, it cost about the same for a lawyer to fly there and back to take a local deposition, as it would for a settlement for 40 dead families. Even the paralegals making Xerox copies were billing at $125/hour. 25 years ago.

Fascinating that they were still going after these guys. Sucks to be an Indian.

BHOPAL, India – An Indian court Monday convicted seven former senior employees of Union Carbide's Indian subsidiary of "death by negligence" for their roles in the Bhopal gas tragedy that left an estimated 15,000 people dead more than a quarter century ago in the world's worst industrial disaster.

The former employees, many of them in their 70s, were sentenced to two years in prison and ordered to pay fines of 100,000 rupees ($2,175) apiece. All seven were released on bail shortly after the verdict.

The subsidiary, Union Carbide India Ltd., was convicted of the same charge and ordered to pay a fine of rupees 500,000 ($10,870). Union Carbide eventually sold its shares in the subsidiary company, which was renamed Eveready Industries India.

India's Central Bureau of Investigation, the country's top investigative agency, has said the plant had not been following proper safety procedures before the disaster.

Large groups of survivors and relatives, along with rights activists, gathered in the city and chanted slogans saying the verdict was too little, too late.

Early on Dec. 3, 1984, a pesticide plant run by Union Carbide leaked about 40 tons of deadly methyl isocyanate gas into the air in the city of Bhopal in central India, quickly killing about 4,000 people. The lingering effects of the poison raised the death toll to about 15,000 over the next few years, according to government estimates.

Local activists insist the real numbers are almost twice that, and say the company and government have failed to clean up toxic chemicals at the plant, which closed after the accident.

The verdicts, which were in a local court and are likely to be appealed, came as the case crawled through India's notoriously slow and ineffective judicial system.

Offline Sourdough

  • Trade Count: (1)
  • Senior Member
  • *****
  • Posts: 8150
  • Gender: Male
Re: Bhopal
« Reply #1 on: June 07, 2010, 06:18:10 AM »
Not much differant than what happened with the Exxon/Valdez.  High priced attourneys kept chipping away at every little detail.  Then every time it went to an appeals court the amount awarded the fishermen went down.  Same thing will happen in La, Miss, and Alabama.  
Where is old Joe when we really need him?  Alaska Independence    Calling Illegal Immigrants "Undocumented Aliens" is like calling Drug Dealers "Unlicensed Pharmacists"
What Is A Veteran?
A 'Veteran' -- whether active duty, discharged, retired, or reserve -- is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America,' for an amount of 'up to, and including his life.' That is honor, and there are way too many people in this country today who no longer understand that fact.

Offline Empty Quiver

  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 2847
Re: Bhopal
« Reply #2 on: June 07, 2010, 06:24:17 AM »
If that isn't a reason to move your factory to India, what is?   This sounds like the penalty for a three time DUI conviction here in the States.
**Concealed Carry...Because when seconds count help is only minutes away**

Offline dukkillr

  • Moderator
  • Trade Count: (0)
  • Senior Member
  • *****
  • Posts: 3428
    • The Daily Limit
Re: Bhopal
« Reply #3 on: June 07, 2010, 06:38:12 AM »
Not much differant than what happened with the Exxon/Valdez.  High priced attourneys kept chipping away at every little detail.  Then every time it went to an appeals court the amount awarded the fishermen went down.  Same thing will happen in La, Miss, and Alabama.  
If memory serves (and it may not) the issue in the Exxon line of cases was the somewhat arcane issue of punitive damages under maritime common law.  I think some states didn't allow them at all, some only by statute, and all are bound by a SCOTUS case that sets a vague top limit. 

I don't believe the amount of actual damages awarded ever changed and a reasonably compelling argument could be made that punitive damages didn't really make all that much sense in the case at hand.  Everyone howls (rightly, I think) at the ridiculous awards often granted in PI cases.  Often those awards are because of huge punitive damage claims.  Unfortunately you can't have your cake and eat it too.  As popular sentiment and case law have limited those numbers they become less available when you think they are justified.  To summarize:
1) $1,000,000 jury award because a guys burns himself on hot coffee!  That's outrageous!  We must get control of these ridiculous jury verdicts.
2) $5,500,000,000 awarded because a drunk captain crashed a boat (note the verdict is not against said drunk captain)!  That's outrageous, it needs to be 200,000,000,000 to get their attention!  Where did these punitive damages caps come from!?!?

But, now I can certainly envision a situation where some of these issues may be re-litigated...