Rio Fights Exhaustion Order In Human Rights Suit

Law360, New York (August 31, 2009, 1:46 PM EDT) -- Rio Tinto PLC is appealing an order allowing plaintiffs in a human rights class action to pursue certain claims against the mining giant in the U.S. without first exhausting remedies in their home country of Papua New Guinea.

The company filed a notice of appeal Friday in the U.S. District Court for the Central District of California, objecting to Judge Margaret M. Morrow’s decision not to impose an exhaustion requirement for claims related to racial discrimination, war crimes and crimes against humanity.

The suit seeks to...
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