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Plaintiffs Prevail Against Billionaire Ira L. Rennert's Motion to Dismiss in Alleged Poisoning of Peruvian Children
[October 19, 2018]

Plaintiffs Prevail Against Billionaire Ira L. Rennert's Motion to Dismiss in Alleged Poisoning of Peruvian Children


In a key ruling in the long-running case involving the alleged poisoning of hundreds of Peruvian children, the U.S. District Court for the Eastern District of Missouri has decided against the majority of the arguments brought by defendants, including Ira L. Rennert, in their motion to dismiss. Importantly, the court ruled that U.S. state and not Peruvian law now prevails in the case, that Rennert will be potentially personably liable, and that punitive damages will apply.

"This decision enables the children of La Oroya to have their day in court with the billionaire who we allege caused permanent brain damage to them and damaged their community," said Jerry Schlichter, managing partner of Schlichter Bogard & Denton, attorneys for the plaintiffs. "We look forward to our day in court."

In the case, A.O.A, et al v. Ira L. Rennert, et al., the plaintiff Peruvian children, some of whom are now adults, live near the La Oroya Complex, a metallurgical smelting and refining complex owned and operated by Ira Rennert, the defendant companies, and their Peruvian subsidiary. Judge Catherine D. Perry of the U.S. District Court for the Eastern District of Missouri, in her order, has allowed seven count against the defendants to stand, including Negligence, Direct Liability for Breach of Assumed Duties Pertaining to Foreseeable Harms, and Direct Participation Liability. These charges mean that the defendants, including Mr. Rennert, face the possibility of being found liable for both compensatory damages and punitive damages.



The plaintiffs allege that the defendants failed to warn the community of the release of toxic metals and gases, and failed to warn about the dangers of this toxicity. The pollutants emitted from the La Oroya complex can damage the circulatory and respiratory systems and lead to lung cancer. A study conducted by the Saint Louis University School of Public Health shows that over 99 percent of children in La Oroya have blood lead levels that are known to be associated with permanent injuries.

Schlichter Bogard & Denton, based in St. Louis, MO, has a significant track record of representing the interests of individuals. For decades, the firm's attorneys have helped achieve justice for injured individuals, obtaining many significant verdicts and settlements for injured people throughout the country - including dozens of multimillion dollar awards for victims of employer negligence, defective products, and improper and unlawful conduct.


Of additional note is the firm's work in excessive fee 401(k) and 403(b) litigation on behalf of employees and retirees. In 2009, the firm won the first full trial of a 401(k) excessive fee case against ABB. The firm's Tibble v. Edison is the first and only 401(k) excessive fee case to be argued in the Supreme Court. On May 18, 2015, the firm won a landmark unanimous 9-0 decision in which both the AARP and the Solicitor General wrote supporting briefs for the employees. Mr. Schlichter has been called a "private attorney general" and multiple federal judges have stated that the firm's work has brought down 401k fees by over $2 billion.

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