Supreme Court turns down Agent Orange cases - New England Patriots Forums

***IcyPatriot*** · 03-02-2009, 06:29 PM

So ... when did the Supreme Court become an arm of the politically connected? Seems more and more decisions go against the people.

The Associated Press: Court turns down Agent Orange cases

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WASHINGTON (AP) — The Supreme Court has turned down American and Vietnamese victims of Agent Orange who wanted to pursue lawsuits against companies that made the toxic chemical defoliant used in the Vietnam War.
The justices offer no comment on their action Monday, rejecting appeals in three separate cases, in favor of Dow Chemical, Monsanto and other companies that made Agent Orange and other herbicides used by the military in Vietnam

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Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans. The American plaintiffs blame their cancer on exposure to Agent Orange during the military service in Vietnam. The Vietnamese said the U.S.' sustained program to prevent the enemy from using vegetation for cover and sustenance caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.

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The appeals court ultimately said no to both. In one case, the court said companies are shielded from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products.

***DarrylS*** · 03-03-2009, 04:15 AM

One of the most heartfelt issues surrounding Agent Orange was the death of Elmo Zumwalt, 3rd... perhaps it was the timing but it just struck me.. it was very weird.

With that being said it is a very strange decision for those who were exposed and affected...

Elmo R. Zumwalt 3d, 42, Is Dead; Father Ordered Agent Orange Use - The New York Times

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Elmo R. Zumwalt 3d, son of the admiral who ordered the spraying of Agent Orange in Vietnam, and who was exposed to the defoliant himself, died of cancer today at his home. He was 42 years old.

The younger Mr. Zumwalt, a lawyer, said he never blamed his father for his disease. The two co-wrote a book titled ''My Father, My Son,'' published by Macmillan Publishing Company in 1986. It was made into a television movie with the same title.

Agent Orange contains highly toxic dioxin. Vietnam veterans contend that exposure to the defoliant causes cancer and other illnesses. They said it caused miscarriages by wives of servicemen and birth defects in their children.

The younger Mr. Zumwalt's son, Elmo Russell Zumwalt 4th, who is 11 years old, suffers from a congenital dysfunction that confuses his physical senses. 'Love and Admiration for Dad'

Wotan_the_Wanderer · 03-15-2009, 09:11 PM

South Korean Vietnam War vets (ROK's White Horse and Tiger divisions) won something like $60M a few years ago in their higher court class-action suit against Dow and Monsanto.

We get so caught up in the splashy socio-political decisions of the SJC that we've been missing a pattern of decisions. Regardless of which side of the political spectrum one comes from, the following is an interesting read nevertheless.

Supreme Court Inc.

http://www.nytimes.com/2008/03/16/ma...ewanted=1&_r=1

Jared · 03-15-2009, 10:35 PM

The military contractor defense is pretty straight forward, and has been in place for some time. It is basically a policy choice to encourage companies to do business with the government to make very dangerous products without opening themselves up to huge amounts of liability.

Wotan_the_Wanderer · 03-15-2009, 10:55 PM

"Sovereign immunity" is a defense that needs to be readdressed by the courts to bring rulings more current given the different climate and conditions nation states wage wars.

For example, I'd rather not see KBR get away with such a defense for having provided the troops with shoddy infrastructure they knew to be shoddy and were in fact electrocuting the soldiers who tried to wash their hands or take a shower.

***DarrylS*** · 03-16-2009, 05:44 AM

Quote:

Originally Posted by Wotan_the_Wanderer

"Sovereign immunity" is a defense that needs to be readdressed by the courts to bring rulings more current given the different climate and conditions nation states wage wars.

For example, I'd rather not see KBR get away with such a defense for having provided the troops with shoddy infrastructure they knew to be shoddy and were in fact electrocuting the soldiers who tried to wash their hands or take a shower.

I agree if we choose to put our soldiers in harm's way, there is a baseline of expected safeguards particularly as it relates to what should be considered benign infrastructure issues.. the issue all throughout this Iraq situation has been the transition to a massive influx of civilian contractors and the lack of oversight.