Opinion · District Court, E.D. New York
In Re "Agent Orange" Product Liability Litigation
In Re "Agent Orange" Prod. Liab. Litig., 597 F. Supp. 740 (District Court, E.D. New York 1984)
- Type
- Opinion
- Court
- District Court, E.D. New York
- Jurisdiction
- New York
- Date
- 1984-09-25
- Topic
- litigation
How later courts describe this case
- noting that regulatory “risk assessments may lead to control of a toxic substance even though the probability of harm to any individual is small” while, in civil litigation “a far higher probability (greater than 50%)” is required
- noting that it does not make sense to require "that the manufacturers of all potential causal agents be joined” if "it is not within plaintiffs power” and that if the manufacturers claim other parties are joint tortfeasors, the manufacturers are entitled to implead the joint tortfeasors
- preparing to conduct a jury trial of ten plaintiffs with “typical injuries . . . characteristic of those of the class”
- noting Agent Orange litigation proceeds on diversity jurisdiction since federal question jurisdiction has been rejected
- discussing limited Veterans Administration benefits currently payable to spouses and children of veterans
- requiring each defendant to establish that "its product could not have caused the plaintiffs' injury or, alternatively, that it should only be responsible for a proportion of the damage " (emphasis added)
- “as one expert put it, ‘all of us have probably been exposed to dioxin at some time’ ”
- court must focus on absence of collusion in settlement negotiations, in addition to whether interests of all class members were adequately considered
Citator
In Re "Agent Orange" Product Liability Litigation has been questioned or limited by later authorities: relies on overruled authority: 41 S. Ct. 338 (overruled by Toucey v. New York Life Insurance Co., 314 U.S. 118 (1941)). Read them before relying on it. 214 later decisions cite it.
- Authority status
- caution
- Cited by
- 214 opinions
- Distinguished
- 1 times
IN RE AGENT ORANGE PRODUCT LIABILITY LITIGATION, (E.D.N.Y. 1984)
597 F. Supp. 740
In re "AGENT ORANGE" PRODUCT LIABILITY LITIGATION.
MDL No. 381.
United States District Court, E.D. New York.
September 25, 1984 as Modified.
West Page 741
Leonard Rivkin, Rivkin, Leff, Sherman Radler, Garden City, N.Y.; Philip Pakula, Townley Updike, New York City; Wendell B. Alcorn, Jr., Cadwalader, Wickersham Taft, New York City; William Krohley, Kelley, Drye Warren, New York City; Thomas Beck, Arthur, Dry Kalish, New York City; Richard Goldstein, Shea Gould, New York City, of counsel; David M. Gross, Budd, Larner, Kent, Gross, Picillo Rosenbaum, New York City; Henry G. Miller, Clark, Gagliardi Miller, White Plains, N.Y.; for defendants.
Arvin Maskin, Dept. of Justice, Washington, D.C., for third-party defendant United States.
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