Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly

NYC Court Rejects Agent Orange Claims

  Breaking Legal News  -   POSTED: 2008/02/24 21:17

A federal appeals court on Friday rejected an effort by Vietnamese victims of Agent Orange to reinstate claims that U.S. companies committed war crimes by making the toxic chemical defoliant used in the Vietnam War. The 2nd U.S. Circuit Court of Appeals in Manhattan said it agreed with U.S. District Judge Jack B. Weinstein, who ruled in March 2005 in Brooklyn that Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.

"It is significant that plaintiffs nowhere allege that the government intended to harm human beings through its use of Agent Orange," the three-judge panel said.

Jonathan C. Moore, a lawyer for the Vietnamese plaintiffs, said he was deeply disappointed.

"It's both an unjust and an immoral outcome," he said, and promised to appeal to the U.S. Supreme Court.

A lawyer for the companies did not immediately return a telephone call seeking comment.

Monsanto, Dow Chemical and more than a dozen other companies, including Hercules Inc., Occidental Chemical Corp, Thompson Hayward Chemical Co., Harcros Chemicals Inc. and Uniroyal Chemical Co. Inc., were named in the case.

In November 1961, President Kennedy approved the launch of Operation Trail Dust, a campaign of military herbicide operations in Vietnam designed to prevent the enemy from using vegetation for cover and sustenance.

Lawyers for Vietnamese people sued U.S. companies, saying the program caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.

They said the military's use of Agent Orange violated international, domestic and Vietnamese law and that companies aided the violations or committed their own by helping the military. They sought unspecified compensatory and punitive damages and an environmental cleanup program.

Lawyers for the companies and the U.S. government had argued that there was no evil intent when Agent Orange was used to clear the Vietnamese landscape for troops.

Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.

In 2002, the United States and Vietnam signed a memorandum of understanding providing for scientists from both governments to work together to determine the effects of Agent Orange on people and ecosystems, along with methods and costs of treatment and environmental remediation.

The United States, though, has never agreed it has a legal duty to provide funds or assistance to remediate harms allegedly caused by Agent Orange.

In a separate opinion, the appellate court also said companies are protected from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products.


Legal News | Breaking News | Terms & Conditions | Privacy | Law Firm Web Design by Law Promo

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case.
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Chicago Business Lawyer
Cook County Contract Law
www.rothlawgroup.com
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Palm Beach Construction Law Attorney
Florida Construction Law
Wellington Construction Law
palmbeachconstructionlaw.org
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Indianapolis personal injury lawyer
Brain injury lawyer Indianapolis
www.rwp-law.com
Eugene Bankruptcy Attorney
Bankruptcy Attorney Eugene
willamettevalleybankruptcy.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Law Firm Logos
  Eugene Criminal Defense Law
  Attorney Web Design
  Simple Lawyer Web Design
  Law Firm Directory