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Erin Brockovich leads class action against Alcoa
Environmental | 2008/03/01 09:04

American anti-pollution campaigner Erin Brockovich has announced that at least two American law firms are prepared to pursue Alcoa in the United States on behalf of residents who live near its alumina refineries south of Perth, at Wagerup, Pinjarra and Kwinana.

The residents say their health has been adversely affected by emissions from the refineries. Simon Morrison from Shine Lawyers says the residents will not have to pay any money initially to join the claim.

"The US law firms involved in this claim do operate claims on what we call a contingent basis, which means no fee is payable to them unless the claim succeeds," he said.

"The next step for them is to obviously conduct some investigations of their own on the core issues surrounding the litigation.

"That would then follow what we call a forum application, in other words, bringing the matter in front of a judge in America, to test that issue of whether this is a case that can actually be brought in the United States."

Alcoa says any legal action will be vigorously defended.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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