SUMMARY JUDGMENT

 

Judge Weinstein held that the manufacturers of Agent Orange were immune being sued, because they were manufacturing Agent Orange under contract to the government and these herbicides were necessary for use in Vietnam.  We contended that these herbicides were standard products used regularly throughout the United States and that the manufacturers knew ways to make the products in a much safer manner.  The Second Circuit agreed that we had evidence to show that the manufacturers chose profits over safety in manufacturing Agent Orange and hid many health hazards from the government.   However, they found that summary judgment should still be granted based on new grounds not in Judge Weinstein's decision or in the U.S. Supreme Court's Boyle decision.  We believe that the Second  Circuit's new standards and even their application of those standards are incorrect. 
 

REMOVAL

 

Judge Weinstein held that all Agent Orange cases belonged in his court.  This holding is a result of a two-step process.  First, it must be found that cases belong in Federal Court in the first place.  The Manufacturers argued  Federal Court jurisdiction was properly based upon the "Federal Officer Removal Statute."  Afterwards, once in Federal Court, the multi-district litigation process ("MDL")  designated Judge Weinstein to be the Judge hearing all Agent Orange cases in the Federal Court system.  We believe that most of the cases do not belong in Federal Court as against state court.  After Judge Weinstein disagreed with us,  the Second Circuit affirmed Judge Weinstein's decision but with a very different interpretation of the law.  This brief details why we believe the Second Circuit's conclusion was incorrect.