As reported in the June 2008 issue of this newsletter, the Second U.S. Circuit Court of Appeals recently issued a trio of opinions that dismissed the latest series of claims based on the alleged injurious exposure to chemical herbicides, including 'Agent Orange,' during the Vietnam War.
Application of the Government Contractor Defense Affirmed in Agent Orange Cases
This article addresses the Second Circuit's decision affirming the application of the 'government contractor defense' to preclude the plaintiffs' claims asserted against the companies that had manufactured the herbicides. Under the government contractor defense, a private manufacturer is immunized from liability where it has made a product in accordance with specifications formulated by the government.
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