2nd Circ. Denies Bhopalis' Bid To Certify Worker Question

Law360, New York (July 11, 2016, 4:49 PM EDT) -- The Second Circuit on Friday rejected a bid by residents of Bhopal, India, who are pursuing a property damage class action against Union Carbide Corp., to ask the New York State Court of Appeals whether a parent company may be held liable when it loans an employee to a subsidiary.

In a one-page order, a three-judge panel declined to certify the plaintiffs' question regarding the "dual servant" doctrine. The plaintiffs have unsuccessfully tried to link Union Carbide with Union Carbide India Ltd., the subsidiary in charge of the notorious Bhopal pesticide facility, and the motion for certification to New York's highest...

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