3rd Circuit Affirms Decision to Let Alcoa Claims Proceed in Australia

PHILADELPHIA - A U.S. appeals court has affirmed the dismissal of toxic exposure claims by 244 workers and neighbors of an Australian aluminum refinery on forum non conveniens grounds. Auxer, et al. v. Alcoa Inc., Nos. 10-2131 to 10-2135 (3rd Cir.).

In an unpublished opinion issued on Jan. 20, the 3rd Circuit Court of Appeals rejected arguments that the U.S. District Court for the Western District of Pennsylvania abused its discretion and failed to consider the procedural difficulties plaintiffs would face if forced to litigate in Australia rather than the United States.

Cameron B. Auxer and other plaintiffs alleged in …