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Sahu v. Union Carbide Corp.

Citation: 37 ELR 20018
No. No. 05-6944, (2d Cir., 01/17/2007)

The court held that it lacked appellate jurisdiction over a lower court's partial grant of summary judgment in favor of the parent company of a chemical plant in Bhopal, India, that allegedly caused soil and groundwater contamination. Property owners and residents near the plant sought monetary and equitable relief under New York common law. The lower court granted summary judgment in favor of the company on all but one of the property owners' and residents' claims, and the plaintiffs appealed. But because the grant of partial summary judgment below was not a final order under 28 U.S.C. §1291 at the time the appeal was heard, and because it was not an interlocutory order under 28 U.S.C. §1292(a)(1) having serious, irreparable consequences, the court lacks appellate jurisdiction. Although a final judgment was entered by the district court after the Second Circuit heard the appeal, subsequent entry of final judgment will cure a premature notice of appeal only if the appellee suffered no prejudice and the judgment was entered before the appeal was heard, which was not the case here.