NYC vs. Its Heroes
The World Trade Center captive has been arguing in court that it need not pay any claims because of immunity provisions available in federal and state statutes. It argued its case before Judge Alvin Hellerstein, the federal judge in the Southern District of New York, where Congress legislated that all Sept. 11-related litigation be concentrated. Here's Judge Hellerstein's answer.
On Oct. 16, 2006, in the World Trade Center Disaster Litigation, he denied motions to dismiss the case because of these immunity provisions. The defendants appealed, and an appellate court is hearing the case this fall.
The captive's legal approach appears to be one step in that plan by the Bloomberg administration to shift the liability cases into the Victim's Compensation Fund or a similar mechanism--far removed from any expensive jury trials.
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October 15, 2007
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