Tort Claims for Post-1984 Injuries Rejected in Agent Orange Suit

The Veterans Advocate p. 30

On October 4, 1991, Judge Jack B. Weinstein issued a decision in several cases seeking damages from the chemical companies that manufactured Agent Orange (commonly referred to as the Ivy case). In this lawsuit, a group of veterans and their families and other civilians claimed not to be bound by the settlement in the original tort litigation (re: Agent Orange Product Liability Litigation, MDL 381 (E.D.N.Y.)). The case was filed in a Texas state court against the same chemical company defendants named in the original Agent Orange class action lawsuit. The case was later transferred to judge Weinstein's court. Judge Weinstein ruled as follows:

The court specifically stated that its ruling was to protect the viability and integrity of the original settlement over which the court retained jurisdiction. The veterans and dependents have filed a motion with the court, asking, among other things, for a new trial, a rehearing, the opening of any judgment, the taking of additional testimony, the amendment of findings of fact and conclusions of law and new findings and conclusions to alter and amend any judgment or to direct a new judgment, as well as another judge to rule on their motion. The motion was filed pursuant to Rule 59 of the Federal Rules of Civil Procedure and 28 U.S.C. § 455. The Veterans Advocate will report on future developments.

Update: February 19, 2013

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