Alcoa 2012 Annual Report Download - page 59

settle the remaining claims in the case which would resolve the personal property damage claims of the 12 remaining
individual plaintiffs. On March 12, 2012, final judgment was entered in the District Court for the District of the Virgin
Islands. Alcoa’s share of the settlement is fully insured. On March 23, 2012, plaintiffs filed a notice of appeal of
numerous non-settled matters, including but not limited to discovery orders, Daubert rulings, summary judgment
rulings, as more clearly set out in the settlement agreement/release between the parties. Plaintiffs’ appellate brief was
filed in the 3rd Circuit Court on January 4, 2013, together with a motion seeking leave to file a brief of excess length.
The court has suspended the remainder of the briefing schedule, including the date for Alcoa’s reply brief, until it rules
on plaintiffs’ motion to file its brief of excess length.
Abednego. As previously reported, on January 14, 2010, Alcoa was served with a complaint involving approximately
2,900 individual persons claimed to be residents of St. Croix who are alleged to have suffered personal injury or
property damage from Hurricane Georges or winds blowing material from the property since the time of the hurricane.
This complaint, Abednego, et al. v. Alcoa, et al. was filed in the Superior Court of the Virgin Islands, St. Croix
Division. The complaint names as defendants the same entities as were sued in the February 1999 action earlier
described and have added as a defendant the current owner of the alumina facility property. In February 2010, Alcoa
and SCA removed the case to the federal court for the District of the Virgin Islands. Subsequently, plaintiffs filed
motions to remand the case to territorial court as well as a third amended complaint, and defendants have moved to
dismiss the case for failure to state a claim upon which relief can be granted. On March 17, 2011, the court granted
plaintiffs’ motion to remand to territorial court. Thereafter, Alcoa filed a motion for allowance of appeal. The motion
was denied on May 18, 2011. The parties await assignment of the case to a trial judge.
Phillip Abraham. As previously reported, on March 1, 2012, Alcoa was served with a complaint involving
approximately 200 individual persons claimed to be residents of St. Croix who are alleged to have suffered personal
injury or property damage from Hurricane Georges or winds blowing material from the property since the time of the
hurricane in September 1998. This complaint, Abraham, et al. v. Alcoa, et al. alleges claims essentially identical to
those set forth in the Abednego v. Alcoa complaint. The matter was originally filed in the Superior Court of the Virgin
Islands, St. Croix Division, on March 30, 2011. By motion filed March 12, 2012, Alcoa sought dismissal of this
complaint on several grounds, including failure to timely serve the complaint and being barred by the statute of
limitations.
Other Contingencies
In addition to the matters discussed above, various other lawsuits, claims, and proceedings have been or may be
instituted or asserted against Alcoa, including those pertaining to environmental, product liability, safety and health,
and tax matters. While the amounts claimed in these other matters may be substantial, the ultimate liability cannot now
be determined because of the considerable uncertainties that exist. Therefore, it is possible that the Company’s liquidity
or results of operations in a particular period could be materially affected by one or more of these other matters.
However, based on facts currently available, management believes that the disposition of these other matters that are
pending or asserted will not have a material adverse effect, individually or in the aggregate, on the financial position of
the Company.
Item 4. Mine Safety Disclosures.
The information concerning mine safety violations or other regulatory matters required by Section 1503(a) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act and Item 104 of Regulation S-K (17 CFR 229.104) is
included in Exhibit 95 of this report, which is incorporated herein by reference.
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