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E-M:/ Court Ruling re: Dow Agent Orange/Dioxin



------------------------------------------------------------------------- Enviro-Mich message from "David Pizzuti" -------------------------------------------------------------------------
Unfortunately, Dow may be feeling pretty good about its legal issues at the moment.  
I thought this may be of particular interest to those who continue to rally against Dow Chemical's dioxin pollution.
 
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U.S. District Court for the Eastern District of New York: In re ?Agent Orange? product Liability Litigation; The Vietnam Association for Victims of Agent Orange/Dioxin et al. v. Dow Chemical et al. (March 10, 2005)

The Court dismissed the case.

The complaint was brought by Vietnamese nationals and an association against manufacturers such as Dow Chemical for injury resulting from the United States? use of herbicides during the Vietnam War. The plaintiffs alleged that the defendant manufacturers were liable under U.S. law and international law.  

Although the Court found that corporations could not be exonerated from civil legal actions under international law, it concluded that in this case, the heart of the plaintiffs? claims was based upon the [U.S.] Government?s decision to procure the products at issue, in addition to the military decisions regarding the precise nature of their use. Therefore, according to the Court, rather then simply seeking to hold the defendants? liable for their own alleged negligence in the manufacture of Agent Orange, the plaintiffs essentially sought to hold the defendants liable for the decisions made by the President regarding the manner in which to prosecute the war in Vietnam.

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More about this case is available at: U.S. District Court for the Eastern District of New York: In re ?Agent Orange? product Liability Litigation; The Vietnam Association for Victims of Agent Orange/Dioxin et al. v. Dow Chemical et al.

http://www.asil.org/ilib/2005/03/ilib050319.htm#j3

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