Legal Opinion

In Re "Agent Orange" Product Liability Litigation Mdl No. 381

Court of Appeals for the Second Circuit

Decided April 21, 1987No. 1085, 1095 and 1104, Dockets 85-6163, 85-6269 and 85-6337PublishedCited by 122 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This opinion addresses the disposition of 287 appeals in cases brought by plaintiffs who chose to opt out of the Agent Orange class action. These cases remained in the Eastern District of New York after the class settlement as a result of the multidistrict referral. Chief Judge Weinstein granted summary judgment against each of the optout plaintiffs, most of whom now appeal. 1 To avoid repetition, this opinion assumes familiarity with the discussion of the fairness of the settlement in the first of this series of opinions, 818 F.2d 145, and with Chief Judge Weinstein’s…

2Cases cited19 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. Gilligan v. MorganSupreme Court of the United States · 1973
  3. Yearsley v. W. A. Ross Construction Co.Supreme Court of the United States · 1940
  4. Stencel Aero Engineering Corp. v. United StatesSupreme Court of the United States · 1977
  5. In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987

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3Cited by122 opinions

  1. Merrell Dow Pharmaceuticals, Inc. v. HavnerTexas Supreme Court · 1997
  2. Independent Fire Ins. Co. v. Sunbeam Corp.Supreme Court of Louisiana · 2000
  3. Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
  4. United States v. Frank Locascio, and John GottiCourt of Appeals for the Second Circuit · 1993
  5. In Re "Agent Orange" Product Liability Litigation Mdl No. 381Court of Appeals for the Second Circuit · 1987

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