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28 March 2008
Update on World Trade Center litigation Court of Appeals decision on motion for immediate dismissal
Background
Bovis Lend Lease LMB, Inc. (“Bovis Lend Lease”), a US subsidiary of Lend Lease Corporation Limited, is a defendant to proceedings brought against the City of New York and a number of other parties who, like Bovis Lend Lease, responded to the World Trade Center emergency and assisted with the rescue, recovery, and debris removal following the terrorist attacks of 11 September 2001.
Bovis Lend Lease and other defendants brought a motion seeking the immediate dismissal of all claims based on several immunities from liability under applicable US laws.
On 17 October 2006 Judge Alvin K Hellerstein, of the United States Federal Court for the Southern District of New York, held that while the defendants were entitled to “limited immunity according to time and activity”, further evidence was required before the Court could determine the extent to which immunity laws were applicable to the claims. His Honour therefore denied the motions for immediate dismissal. In November 2006 defendants, including Bovis Lend Lease, appealed against the ruling.
Update
The United States Court of Appeals for the Second Circuit delivered its decision on 26 March 2008, declining to overturn Judge Hellerstein’s ruling.
Accordingly, 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.
As anticipated, the number of plaintiffs who have brought claims against the defendants (including Bovis Lend Lease) has increased and is now approximately 16,000 (comprising approximately 10,000 first-named plaintiffs and approximately 6,000 derivative plaintiffs – for example, spouses).
For background to this release, see releases dated: 8 June 2006, 18 October 2006, and 17 November 2006.stock exchange
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