JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Tuesday, March 01, 2005

Agent Orange manufacturers, DOJ seek lawsuit dismissal
Matt Lubniewski at 12:14 PM ET

[JURIST] Chemical companies that supplied Agent Orange [Wikipedia entry] to the US military in Vietnam asked a federal judge Monday to dismiss a lawsuit filed by Vietnamese citizens who say they were poisoned by their exposure. Lawyers for the Monsanto, Dow Chemical [official sites], and more than a dozen other defendant companies argued that US courts had no power to punish corporations for executing the orders of an American president acting as commander-in-chief. The defendants further argued that international law generally exempted corporations from civil liability for alleged war crimes. The plaintiffs allege that the chemical companies violated international law regarding chemical and biological weapons by producing the defoliant Agent Orange, which caused tumors, birth defects, and other health problems. District Judge Jack B. Weinstein was skeptical of the argument, analogizing that "The fact that all power was centralized under Hitler did not permit all people operating under his orders to violate international law." The US Justice Department [official site] also has asked Judge Weinstein to dismiss the case, arguing that allowing former wartime enemies to sue in US courts could threaten the government's power to wage war. Newsday has more. Review the complaint, briefs, and hearing transcripts in the case to date via FFRD.org.






Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 New Bolivia law allows president to run for third term
4:08 PM ET, May 21

 Guatemala court voids ex-dictator Rios Montt's genocide conviction
3:37 PM ET, May 21

 UN urges Afghanistan to approve women's rights legislation
9:02 AM ET, May 21

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org