New: Pet. to Supreme Court

GOVERNMENT CONTRACTOR PETITION

We petitioned the Supreme Court to grant certiorari to review the Second Circuit's decision affirming Judge Weinstein's grant of summary judgment to the manufacturers based on "the government contractor defense." Our petition explains to the Supreme Court that the Second Circuit found 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. It also explains why the Second Circuit's decision to agree with Judge Weinstein based on new grounds not in Judge Weinstein's decision or in the U.S. Supreme Court's Boyle decision is wrong as a matter of law and also as a matter of policy. We explained to the Supreme Court that the Second Circuit's new standards and even their application of those standards are incorrect and will lead to more harm for our servicemen and women in the future.

To Review Stephenson Cert. Reply Brief cick here.

To Review the Government Contractor Petition Click Here.

FEDERAL OFFICER REMOVAL PETITION

We also petitioned the Supreme Court to grant certiorari to review the Second Circuit's decision affirming Judge Weinstein's decision 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. Our petition details why we believe the Second Circuit's and Judge Weinstein's conclusions were incorrect.

To Review Isaacson Cert.reply Brief click here.

To Review the Federal Officer Petition.

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.

To review 2nd Circuit Summary Judgment decision click here .

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.

To review 2nd Circuit Removal decision click here.