Legal Opinion
Ivy v. Diamond Shamrock Chemicals Co.
Court of Appeals for the Second Circuit
Decided March 28, 1990No. Docket No. 90-3007PublishedCited by 22 opinions
1Opinion of the Court
WINTER, Circuit Judge:
Plaintiffs-petitioners seek a writ of mandamus under 28 U.S.C. § 1407(e) (1982) and Fed. R. App. P. 21 directing the Judicial Panel on Multidistrict Litigation (the “MDL Panel”) to vacate its order transferring this action to the United States District Court for the Eastern District of New York. We deny the petition.
Petitioners filed this action against various chemical companies in a Texas state court in May 1989, claiming harm from exposure to Agent Orange and other herbicides during the Vietnam conflict. Although the complaint expressly disavowed any federal-law basis…
2Cases cited9 opinions
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
- In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987
- Black v. BoydCourt of Appeals for the Sixth Circuit · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Agent Orange Product Liability Litigation.Court of Appeals for the Second Circuit · 1993
- In Re IvyCourt of Appeals for the Second Circuit · 1990
- Ritchie Capital Management, LLC v. General Electric Capital Corp.District Court, S.D. New York · 2015
- Ryan v. Dow Chemical Co.District Court, E.D. New York · 1991
- Medical Society of New York v. Connecticut General Corp.District Court, S.D. New York · 2001
17 more not listed; retrieve them via the Exa API.