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U.S. District Court, Eastern District of New York

Federal trial court in Brooklyn that heard the Agent Orange cases.

7 links, 7 backed by primary records

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Connections 7

settled with

  • Diamond Shamrock Chemicals Company 7 May 1984 $180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs Primary record 1

    The $180 million was the total paid by the seven makers together, not this company’s share.

  • The Dow Chemical Company 7 May 1984 $180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs Primary record 1

    The $180 million was the total paid by the seven makers together, not this company’s share.

  • Hercules Incorporated 7 May 1984 $180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs Primary record 1

    The $180 million was the total paid by the seven makers together, not this company’s share.

  • Monsanto Company 7 May 1984 $180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs Primary record 1

    The $180 million was the total paid by the seven makers together, not this company’s share.

  • Uniroyal, Inc. 7 May 1984 $180M, paid with six other makers into a $180 million class settlement with Vietnam veterans and their families; the agreement is no admission of liability by the defendants and no concession of lack of merit by the plaintiffs Primary record 1

    The $180 million was the total paid by the seven makers together, not this company’s share.

involved in

Timeline 5 dates
  1. 7 May 1984 Diamond Shamrock Chemicals Company settled with U.S. District Court, Eastern District of New York
  2. 7 May 1984 The Dow Chemical Company settled with U.S. District Court, Eastern District of New York
  3. 7 May 1984 Hercules Incorporated settled with U.S. District Court, Eastern District of New York
  4. 7 May 1984 Monsanto Company settled with U.S. District Court, Eastern District of New York
  5. 7 May 1984 Uniroyal, Inc. settled with U.S. District Court, Eastern District of New York
Proof 3 sources
  1. In re Agent Orange Product Liability Litigation, 597 F. Supp. 740 (E.D.N.Y. 1984), MDL No. 381, decided 25 September 1984, U.S. District Court, Eastern District of New York (Chief Judge Jack B. Weinstein), 25 Sep 1984. Primary record Archived copy
    defendants have agreed to pay to the class $180 million plus interest in a manner directed by the court.
    Neither this Agreement nor any proceeding taken hereunder shall be construed as or deemed to be evidence or an admission or concession by any defendant of any liability or wrongdoing whatsoever, which is expressly denied by each defendant
    or on the part of the plaintiffs of any lack of merit in their claims.
    Were this a case brought by a single plaintiff against one or more defendants, it probably would have to be dismissed.
    we would probably be constrained to deny such a motion
  2. In re "Agent Orange" Product Liability Litigation, MDL No. 381, 818 F.2d 145 (2d Cir. 1987), argued 9 April 1986, decided 21 April 1987, U.S. Court of Appeals for the Second Circuit, 21 Apr 1987. Primary record
    Chief Judge Weinstein approved the settlement subject to hearings on counsel fees
    the large number of claimants, 240,000, the settlement was essentially a payment of nuisance value.
    allows veterans who served in areas in which the herbicide was sprayed and who meet the Social Security Act's definition of disabled to collect benefits up to a ceiling of $12,000.
    No proof of causation by Agent Orange is required, although benefits are available only for non-traumatic disability or death.
  3. In re "Agent Orange" Product Liability Litigation (Vietnam Association for Victims of Agent Orange/Dioxin v. Dow Chemical Co.), 04-CV-400, 373 F. Supp. 2d 7: Memorandum, Order and Judgment, dated 10 March 2005, U.S. District Court, Eastern District of New York (Judge Jack B. Weinstein), 10 Mar 2005. Primary record
    There is no basis for any of the claims of plaintiffs under the domestic law of any nation or state or under any form of international law. The case is dismissed.
    Herbicide spraying by the United States violated no rights of plaintiffs under international law.
    for the purposes of this 12(b)(6) motion, should be characterized as herbicides and not poisons.
    While their undesired effects may have caused some results analogous to those of poisons in their impact on people and land
    Defendants are not culpable civilly under international law.
    In view of the decision on the law in this memorandum there is no need to pursue this issue at this time.
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