Legal Opinion
Twinam v. Dow Chemical Co.
Court of Appeals for the Second Circuit
Decided February 22, 2008No. Nos. 05-1509-cv, 05-1693-cv, 05-1694-cv, 05-1695-cv, 05-1696-cv, 05-1698-cv, 05-1700-cv, 05-1737-cv, 05-1760-cv, 05-1771-cv, 05-1810-cv, 05-1813-cv, 05-1817-cv, 05-1820-cv, 05-2450-cv, 05-2451-cvPublishedCited by 2 opinions
1Opinion of the Court
SACK, Circuit Judge:
More than thirty-five years ago, the United States military stopped using Agent Orange and related chemicals as defoliants to prosecute the war in Vietnam. This appeal is but the latest chapter in a thirty-year struggle by the litigants, their counsel, and judges of the United States District Court for the Eastern District of New York and of this Court to bring to just legal closure the alleged consequences of that use.
We explain below why these sixteen unconsolidated appeals are now before us and why, in our view, the government contractor defense applies to bar these…
2Cases cited30 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- McCarthy v. Dun & Bradstreet Corp.Court of Appeals for the Second Circuit · 2007
- Syngenta Crop Protection, Inc. v. HensonSupreme Court of the United States · 2002
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
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3Cited by2 opinions
- In Re Agent Orange" Product Liability LitigationCourt of Appeals for the Second Circuit · 2008
- Pineda v. ESPN, Inc.District Court, D. Connecticut · 2019