Brazilians' Enviro Claims Don't Stand In US, Judge Says

Law360 (October 7, 2010, 11:47 AM EDT) -- A federal judge has dismissed negligence and wrongful death claims against Eli Lilly & Co., Shell Oil Co. and others accused by a group of Brazilians of dumping toxic chemicals in the South American country for decades.

The claims, brought by first-named plaintiff Elias Soares Viera and some 40 other Brazilian nationals, were not based in any enforceable international treaty but instead are based in "aspirational agreements," Judge Richard L. Young ruled on Sept. 30 in the U.S. District Court for the Southern District of Indiana.

The plaintiffs had brought the claims under the Alien Tort Statute and Indiana law. The...

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