Many Ground Zero Workers Gain Chance at Lawsuits

Article in today’s New York Times — Many Ground Zero Workers Gain Chance at Lawsuits, by Anthony DePalma:

    A federal judge has rejected the city’s claim that it is protected by law from being sued
    over the way it handled rescue and recovery operations at ground zero. The ruling opens
    the way for lawsuits by thousands of workers who say they were made sick by exposure
    to toxic substances during the 10-month cleanup.

    Judge Alvin K. Hellerstein of United States District Court in Manhattan rejected the city’s
    motion to dismiss the lawsuits. In a 99-page decision released yesterday afternoon, he
    stated that state and federal statutes do provide some immunity for the city, its private
    contractors and the Port Authority of New York and New Jersey for actions undertaken
    in response to an enemy attack. However, the judge said that protection is not universal
    and varies by time and place, making it necessary to hear the details of individual cases.

    “The fact-intensive nature of the issue makes its resolution unsuitable for resolution by
    motion,” Judge Hellerstein concluded. “Discovery, additional proceedings and a more
    extensive factual record, and perhaps a trial, will be required.”

BGS