Wednesday, June 22, 2016

Case of the Day: Rahaman v. J.C. Penney Corp., 2016 Del. Super. LEXIS 258 (Del. Super. Ct. May 4, 2016)

Summary:

The case stems from the 2013 collapse of a garment factory building in Bangladesh, in which more than 1,000 people were killed. The defendants were U.S.-based clothing companies, who were allegedly negligent in maintaining the safety of the factory.

The court found that Bangladeshi statute of limitations applied based on Delaware choice of law rules, and that the one-year limitation period under the Bangladeshi law had expired. The court also found that because the plaintiffs were not the defendants' employees, the defendants owed no duty of care. 

Takeaway:

You have to marvel at the U.S. plaintiffs' lawyers, who must have contacted the people in Bangladesh (!!) as soon as this disaster occurred and found an angle to bring suit in the United States.

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