Bovis Lend Lease and other defendants brought a motion seeking the immediate dismissal of all claims based on several immunities from liability under applicable US laws.
On 17 October 2006 Judge Alvin K Hellerstein, of the United States Federal Court for the Southern District of New York, held that while the defendants were entitled to “limited immunity according to time and activity”, further evidence was required before the Court could determine the extent to which immunity laws were applicable to the claims. His Honour therefore denied the motions for immediate dismissal. In November 2006 defendants, including Bovis Lend Lease, appealed against the ruling.
The United States Court of Appeals for the Second Circuit delivered its decision on 26 March 2008, declining to overturn Judge Hellerstein’s ruling.
Accordingly, the extent of Bovis Lend Lease’s entitlement to immunity remains to be finally determined. The proceedings continue, with the litigation at a very early stage.