JURIST Sponsored by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Tuesday, June 13, 2006

Federal judge dismisses criminal charge against WR Grace in asbestos case
Joe Shaulis at 1:32 PM ET

[JURIST] A federal judge has granted a defense request to dismiss a criminal charge [indictment, PDF] that W.R. Grace & Co. [corporate website] and its executives knowingly endangered miners and residents of Libby, Montana [city website] by concealing health risks from asbestos contained in vermiculite [EPA backgrounder]. Chief US District Judge Donald Malloy [official profile] of the District of Montana [official website] ruled in an order [text, PDF] dated last week that the charge is barred by a federal statute of limitations [text]. The defendants argued, and Malloy agreed, that the indictment does not allege an "overt act in furtherance of the conspiracy" within the five-year period. Malloy considered the motion to dismiss even though it was filed three months after a court deadline because "the government throughout much of the case has been a step slow in complying with its discovery obligations."

Grace and the seven executives were indicted by a grand jury [JURIST report] on conspiracy charges in February 2005. Prosecutors allege that hundreds of people in Libby have been sickened by exposure to asbestos from Grace's vermiculite mine, and some have died. In December, the US Court of Appeals for the Ninth Circuit upheld [JURIST report] an order that Grace pay the Environmental Protection Agency [official website] $54.5 million to clean up the closed mine, which has been declared a Superfund site [EPA backgrounder]. A trial in the criminal case [court materials] is scheduled for September. AP has more.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Supreme Court hears arguments on false political statements, TV copyright
2:32 PM ET, April 22

 Oklahoma high court stays executions over lethal injection drug challenge
12:09 PM ET, April 22

 Georgia same-sex marriage ban challenged
12:05 PM ET, April 22

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Unprecedented Notice of Warrantless Wiretapping in a Closed Case
DOMESTIC
Ramzi Kassem
CUNY School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org