Worldwide, the impact of global change is being felt. While some people deny that climate change is even happening, the courts are, in fact, seeing the effects in the litigation scene. Suits concerning the issue are trending upwards. Jurisdictional restraints and distance are not stopping litigants from coming forward to file suit. Science, damages, and people being passionate about the cause have increased the number of people wanting to seek retribution, restraint or some form of way to mend harm done by being awarded damages and the cutting of carbon emissions. The biggest offenders? Large corporations. The Human Rights Commission in London is currently investigating the catastrophic effects of Typhoon Yolanda which affected those in the Philippines. The nexus between the polluting corporations with the effects on the environment is what will need to be established and whether the condition was exacerbated as a result of that pollution. The difficulty in being able to produce evidence to present this case and the distance of greater than six thousand miles is no bar.
One possible reason for the increase in lawsuits is the lack of response from governance. People are also more environmentally conscious and know of the impacts of gas emissions
when it comes to health, land and air quality. Successful litigation in this realm has not been as successful as environmentalists would like. However, the pendulum is shifting. Public
awareness and better-equipped machines with techniques to track results also tie in with that. A worldwide consensus is now there when it comes to damage. It is proving that a single
corporation is responsible and to what degree used to be more difficult than it is now. We also know that from a few prior posts on our blog, those actions have started in the USA
also. We discussed this when we looked at a suburban business in Chicago that is under scrutiny for implementation of a system in which the way they sterilized caused emissions of
a cancer-causing substance. The operational facility provided sterilization services to the medical, pharmaceutical and food industries. Ironically, the health damage by its emissions made locals
worse off.
Californian counties also had lawsuits against oil, gas and coal companies and trade groups. Though those were dismissed, the Peruvian farmer’s case is being followed because of the
expert testimony required and how that will influence the other cases around it and going forward. The situation involves a glacier being able to slide into a lake. The question that remains for the court is whether or not the glacier is melting due to global warming? If so, is it because of pollutants that come from the power plant? Costs of such expert testimony is a factor that needs to be considered when dealing with trials of this nature. Whether or not the corporations will like these sorts of claims to continue is another matter of public interest. The types of costs to safeguard a flood, drain water and for labor are the sorts of costs being pursued. It definitely is a case concerning basic liability, one that concerns what is a basic human right as well with a failure to act continually and unchecked Corporations.
Super Lawyers named Chicago breach of contract attorney Peter Lubin a Super Lawyer and Chicago business dispute attorney Patrick Austermuehle a Rising Star in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. Lubin Austermuehle’s Oak Brook and Naperville business dispute lawyers have over thirty years of experience in litigating, intellectual property cases including copyright infringement and trade secret cases, insurance coverage disputes, franchise and dealer termination, breach of contract, complex class action, copyright, partnership, and shareholder oppression suits, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes. Our Downers Grove and Schaumburg franchise and dealer termination lawyers, civil litigation lawyers, and copyright attorneys handle emergency business lawsuits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely-held businesses and employee breaches of fiduciary duty. We also assist Chicago, Evanston and Oak Brook area businesses and business owners who are victims of fraud. You can contact us by calling at 630-333-0333. You can also contact one of our business dispute lawyers near Aurora and Chicago online here.