The Government of India (GOI) and several private class action plaintiffs (Indian citizens) sued Union Carbide India Limited (UCIL) and the parent corporation, Union Carbide Corporation (UCC), for more than $1 billion after a disaster at a chemical plant operated by UCIL in 1984. There was a leak of the lethal gas methylisocyanate from the plant on the night of December 2, 1984. The deadly chemicals were blown by wind over the adjacent city of Bhopal, resulting in the deaths of more than 2,000 persons and the injury of more than another 200,000 persons. UCIL is incorporated under the laws of India; 50.9 percent of the stock is owned by UCC, 22 percent is owned or controlled by the government of India, and the balance is owned by 23,500 Indian citizens. The federal district court (Judge Keenan) granted UCC's motion to dismiss the plaintiffs' action on the ground that Indian courts, not U.S. courts,were the appropriate forum for the suit. The plaintiffs appealed this decision.

1. Highlight the importance of facts in shaping a judicial opinion by writing an imaginary letter that, had it been introduced as evidence, would have greatly distressed Union Carbide Corporation (UCC).
Clue: Review the first part of the decision, in which Judge Mansfield discussed the extent of UCC's involvement in the plant where the accident occurred.What facts would counter his statement that the parent company had only "limited" involvement?
2. Suppose a U.S. plant exploded, resulting in extensive deaths in the United States. Further, suppose that all the engineers who built the plant wrote and spoke German only. Could Judge Mansfield's decision be used as an analogy to seek dismissal of a negligence suit against the owners of the plant?
Clue: Review the discussion of the use of legal analogies in Chapter 1 and apply what you read to this question.
3. What additional information, were it to surface, would strengthen Union Carbide's request for a dismissal of the case described?
Clue: Notice the wide assortment of facts that Judge Mansfield organized to support his decision.