This article is from the Australian Property Journal archive
LEND Lease and a number of other defendants have failed to have proceedings brought by emergency services personnel who assisted in the clean up of the World Trade Center in New York.
Bovis Lend Lease and other defendants brought a motion seeking the immediate dismissal of all claims based on several immunities from liability under applicable United States laws.
In October 2006 Judge Alvin K Hellerstein of the US Federal Court for the Southern District of New York, held that while the defendants were entitled to limited immunity according to time and activity.
But further evidence was required before the Court could determine the extent to which immunity laws were applicable to the claims.
At the time, His Honour tdenied the motions for immediate dismissal and in November 2006 defendants, including Bovis Lend Lease, appealed against the ruling.
Last week, the US Court of Appeals for the Second Circuit decline to overturn Judge Hellerstein’s ruling.
But the extent of Bovis Lend Lease’s entitlement to immunity remains to be finally determined. The proceedings continue, with the litigation at a very early stage.
Meanwhile, the number of plaintiffs who have brought claims against the defendants has increased and is now approximately 16,000 comprising approximately 10,000 first-named plaintiffs and approximately 6,000 derivative plaintiffs – for example, spouses.
Australian Property Journal
