RECENT FEDERAL DECISIONS

January 2009

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Second Circuit Finds Conversion to Motion for Summary Judgment Was without Adequate Notice
Sahu v. Union Carbide Corporation, ___F.3d___

Plaintiff property owners brought suit against defendants, a parent company and an executive, to recover for injuries allegedly caused by a plant owned by Union Carbide India Limited (UCIL), a former subsidiary of the parent company, defendant Union Carbide. Without explicitly notifying the parties, the District Court converted defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss to a Fed. R. Civ. P. 56 motion for summary judgment and dismissed most of plaintiffs’ claims. The Second Circuit held that the District Court erred when it converted defendants’ motion to dismiss to one for summary judgment without adequate notice.