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Civil Procedure Keyed to Marcus
Stephenson v. Dow Chemical Co.
Facts
Many veterans of the Vietnam War suffered death or disability due to Agent Orange, a chemical used during the war. In the 1970’s a class action was filed where any and all potential victims of Agent Orange were able to find redressability. On the eve before the trial the parties came to a settlement for 180 million dollars. This was to pay directly to those veterans who suffered death or disability occurring before or after 1985 to 1994. The Judge sent out notice to possible class members in every avenue of notice available. In 1989 and 1990 two veterans brought suit stating that there harms occurred after the settlement was reached and so they should not be included in the class. Since payment was available to all until 1994 and the settlement agreement made its best attempts to cover future claimants, and the agreement gave an injunction against future claims, their claims were dismissed. Then in 1996 another veteran and in 1999 plaintiff Stephenson filed a similar action. Since these filings the settlement fund has depleted. The court again stated against that they were part of the class and bound to that settlement as well, and appealed.
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