Legal Opinion

In re "Agent Orange" Product Liability Litigation

District Court, E.D. New York

Decided December 16, 1983No. MDL No. 381PublishedCited by 105 opinions

1Opinion of the Court

MEMORANDUM AND PRETRIAL ORDER

WEINSTEIN, Chief Judge:

Plaintiffs, Vietnam War veterans and members of their families, claim to have suffered damages as a result of the veterans’ exposure to herbicides in Vietnam. Defendants allegedly produced these herbicides.

Some years ago this court ruled that the litigation would proceed as a class action pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure. In re Agent Orange Product Liability Litigation, 506 F.Supp. 762, 787 ff. (E.D.N.Y.1980). No certification order was, however, entered. The court noted that later stages of this litigation,…

2Cases cited44 opinions

  1. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  2. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
  4. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  5. Eisen v. Carlisle & JacquelinCourt of Appeals for the Second Circuit · 1968

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3Cited by105 opinions

  1. Owens-Corning Fiberglas Corp. v. MaloneTexas Supreme Court · 1998
  2. In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
  3. In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
  4. Wanda Jenkins v. Raymark Industries, Inc.Court of Appeals for the Fifth Circuit · 1986
  5. School District of Lancaster v. Lake Asbestos of Quebec, Ltd.Court of Appeals for the Third Circuit · 1986

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