Legal Opinion

Vietnam Ass'n for Victims of Agent Orange v. Dow Chemical Co.

Court of Appeals for the Second Circuit

Decided February 22, 2008No. Docket 05-1953-cvPublishedCited by 247 opinions

1Opinion of the Court

MINER, Circuit Judge:

This appeal challenges the District Court’s dismissal of an action brought by a purported class of Vietnamese nationals (“Plaintiffs”) on behalf of themselves and all others similarly situated for injuries allegedly sustained by their exposure to Agent Orange and other herbicides manufactured by defendants-appellees United States companies (collectively, “Defendants”) and deployed by the United States military during the Vietnam War. Plaintiffs brought this action seeking relief under the Alien Tort Statute, 28 U.S.C. § 1350, which grants the district courts jurisdiction…

2Cases cited15 opinions

  1. Sosa v. Alvarez-MachainSupreme Court of the United States · 2004
  2. Paddington Partners v. Jean-Louis Bouchard, Herbert A. Denton, Econocom Finance Nv Econocom International N v. Jeffries & Company, Inc.Court of Appeals for the Second Circuit · 1994
  3. United States v. YousefCourt of Appeals for the Second Circuit · 2003
  4. Dolly M. E. Filartiga and Joel Filartiga v. Americo Norberto Pena-IralaCourt of Appeals for the Second Circuit · 1980
  5. S. Kadic, on Her Own Behalf and on Behalf of Her Infant Sons Benjamin and Ognjen, Internationalna Iniciativa Zena Bosne I Hercegovine "Biser," and Zene Bosne I Hercegovine v. Radovan Karadzic, Jane Doe I, on Behalf of Herself and All Others Similarly Situated and Jane Doe Ii, on Behalf of Herself and as Administratrix of the Estate of Her Deceased Mother, and on Behalf of All Others Similarly Situated v. Radovan KaradzicCourt of Appeals for the Second Circuit · 1996

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3Cited by247 opinions

  1. Staehr v. Hartford Financial Services Group, Inc.Court of Appeals for the Second Circuit · 2008
  2. Emerson v. City of New YorkDistrict Court, S.D. New York · 2010
  3. Kiobel v. Royal Dutch Petroleum Co.Court of Appeals for the Second Circuit · 2010
  4. Ruston v. Town Bd. for Town of SkaneatelesCourt of Appeals for the Second Circuit · 2010
  5. Abagninin v. Amvac Chemical Corp.Court of Appeals for the Ninth Circuit · 2008

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