Govt to hire Foley Hoag to fight Rana Plaza case in US court

Syful Islam | Published: July 23, 2015 00:00:00 | Updated: November 30, 2024 06:01:00

The government has decided to appoint a tested law firm named Foley Hoag to fight legal battle in a case filed in a US lawcourt by the victims of Rana Plaza collapse for realising compensation, officials said.
This happens to be the law firm that represented Bangladesh in the maritime-boundary disputes with India and Myanmar and brought 'victory'. The triumph on the maritime front encouraged the government to hire its services again in the Rana Plaza case, they added.
"Our ambassador in Washington has already contacted Foley Hoag LLP to engage it in the case filed against the government by some victims and the families of the Rana Plaza incident," a senior official at the Ministry of Commerce (MoC) told the FE Wednesday.
The lawsuit was filed with the US District Court for the District of Columbia late April against the government of Bangladesh, and retailers Wal-Mart, JC Penney and The Children's Place.
"We are yet to receive a notice from the US court but taking preparation to defend ourselves if the case is taken into cognizance," the official added.
He said Bangladesh 'won' in maritime disputes with India and Myanmar where this 'globally reputed' law firm represented the country. "The firm may bring victory for us again."
The plaintiffs claimed an amount of over US$5.0 million as compensation against damages caused to their families in the Rana Plaza tragedy. They accused the government and the retailers of negligence and wrongful death in connection with the building collapse.
The official, preferring not to be named, said US court system gives immense importance on humanitarian issues. "The court may consider paying a big amount as compensation to the plaintiffs. So, we have to take full preparation to fight."
However, another official said the US court may not have jurisdiction to pass any order against a country since it's not an 'international court'.Â Â
Sources said Bangladesh ambassador in Washington, DC, Mohammad Ziauddin met two lawyers of Foley Hoag last month. He was told that the country has a strong defence as the US court does not have jurisdiction over Bangladesh. Â
"Foreign sovereigns are presumptively immune from suit in the US court. Jurisdiction exists only in limited circumstances, none of which does apply here," Mr Ziauddin informed Dhaka in a recent letter.
"Nevertheless, if and when Bangladesh is formally served with process, it would need to appear to defend itself. If it does not, it runs the risk of having a default judgement entered against it for millions of dollars due to a failure to defend itself. This may adversely impact the country's goodwill in RMG business as general US consumer's mindset," he said.
The lawyers told Mr Ziauddin that if Bangladesh was forced to appear in the court, they would charge $60,000 as legal fees to get the case dismissed.
The collapse of eight-storey building in Savar area on April 24, 2013 killed over 1,100 people, mainly garment workers, and injured several thousand. The incident caused an outcry home and abroad.
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