Appeals Court Allows Ground Zero Lawsuits

Tort Law

Posted Mar 27, 2008, 12:20 pm CDT
By Debra Cassens Weiss

A federal appeals court ruling allows thousands of lawsuits filed by ground zero workers against the city of New York to move forward.

The New York City-based 2nd U.S. Circuit Court of Appeals ruled yesterday (PDF) that the city’s claims of immunity could not be decided without further litigation, the New York Times reports.

The lawsuits contend the city failed to enforce workplace safety rules for the rescue workers, including regulations that required them to wear respirators, the New York Sun reports.

The appeals court largely affirmed a decision by U.S. District Judge Alvin Hellerstein, who had ruled the city could claim immunity only for its conduct in the days immediately after the terrorist attacks, the Sun story says. Hellerstein said the workers should be allowed to try to prove their claims that unsafe conditions continued for weeks and even months.

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