Stephenson v. Dow Chem. Co.

123 S. Ct. 2161(2003) ; Clearinghouse Number: 54322

Description

U.S. Supreme Court Partially Affirms Second Circuit Ruling That Prior Class Settlement Does Not Bar Veterans’ Claim Against Agent Orange Manufacturers

Abstract

The U.S. Supreme Court, per curiam, vacated and remanded in part and affirmed in part the Second Circuit’s judgment in this Vietnam war veterans’ action based on injuries allegedly stemming from exposure to Agent Orange. Respondents filed separate lawsuits in the late 1990s against petitioner manufacturers of Agent Orange. In 1984, however, similar claims against petitioners, brought by a class of military personnel exposed to Agent Orange while in Vietnam between 1961 and 1972, were settled through a fund whose proceeds were distributed to class members. The fund terminated in 1994 with no provision for post-1994 claimants. The district court, dismissing respondents’ claims, concluded that the prior settlement barred their suits. Respondents appealed, arguing that they were inadequately represented because “a class which purports to represent both present and future claimants may encounter internal conflicts,” and, because of due process considerations, the earlier class action settlement could not preclude their claims. The Second Circuit, finding that, in accordance with Amchem Products Inc. v. Windsor, 521 U.S. 591 (1997), and Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), res judicata could not bar respondents’ claims, vacated the district court’s dismissal. The Supreme Court, per curiam, vacated the Second Circuit’s decision with respect to two respondents and remanded for further consideration in light of Syngenta Crop Protection v. Henson, 537 U.S. 28 (2002). However, an equally divided Court affirmed the Second Circuit’s judgment on four other respondents.

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Attorney Information
Docket Date
2003-06-09 00:00:00+00:00

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