Lawyers for five Ukrainian citizens who were injured or killed in Russian drone and missile attacks that allegedly used semiconductors and other technology made by American tech companies, including Texas Instruments, failed to state a legal cause of action in their federal lawsuit seeking hundreds of millions of dollars in damages, a federal judge ruled Wednesday. The judge is allowing the lawyers for the Ukrainians 28 days to refile their complaint to address his concerns about causation.
U.S. District Judge Sidney Fitzwater issued a 21-page decision that the Ukrainians’ claims are not preempted by federal law but that their case is dismissed because the lawsuit failed to show that the “defendant’s conduct is the cause in fact of a plaintiff’s injury” and that the defendant’s “act or omission was a substantial factor in bringing about the injuries, and without it, the harm would not have occurred.”