NEW YORK, Nov 7 (Reuters) - A U.S. judge on Thursday

dismissed some claims in a lawsuit accusing Rio Tinto

and its former CEO Jean-Sebastien Jacques of defrauding

investors by concealing problems developing the $5.3 billion Oyu

Tolgoi copper and gold mine in Mongolia.

U.S. District Judge Lewis Liman in Manhattan addressed

recently added claims that Rio Tinto knowingly concealed how it

would miss a deadline for "draw bell" blasting, a key milestone,

while Jacques hid delays and associated cost overruns.

In a 40-page decision, Liman dismissed the claim against Rio

Tinto because it was Turquoise Hill Resources, which owned 66%

of the mine with Mongolia owning the rest, that said the draw

bell schedule was on track.

Liman said Rio Tinto was not liable for that statement even

though an affiliate of the Anglo-Australian mining giant was

Turquoise Hill's majority owner.

The judge also dismissed claims that Jacques intended to

defraud shareholders in statements about the mine beginning in

October 2018, because those statements suggested he believed Rio

Tinto's timetable announced that month was accurate.

Claims against Jacques based on earlier statements survived,

because shareholders adequately alleged that he knew delays

existed when the class period began, Liman said.

Led by funds advised by Pentwater Capital Management, the

lawsuit seeks damages on behalf of shareholders of

Montreal-based Turquoise from July 17, 2018 to July 31, 2019.

Pentwater's lawyers did not immediately respond to requests

for comment. Lawyers for Rio Tinto and Jacques did not

immediately respond to similar requests.

Jacques led Rio Tinto for four years before stepping down in

March 2021, following pressure from shareholders seeking

accountability for the company's destruction of two culturally

significant Aboriginal rock shelters in May 2020.

Rio Tinto did not break any laws when working around the

Juukan Gorge sites in Western Australia. The sites showed

evidence of human habitation dating back 46,000 years.

The case is In re Turquoise Hill Resources Ltd Securities

Litigation, U.S. District Court, Southern District of New York,

No. 20-08585.