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Civil Procedure Keyed to Rowe
Stephenson v. Dow Chemical Co.
Citation:273 F.3d 249 (2d Cir. 2001)
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Stephenson (Plaintiff) and another Vietnam War veteran sued Dow Chemical (Defendant) in separate lawsuits in federal district court, alleging injuries from their exposure to Agent Orange while serving in the military in Vietnam. The district court dismissed their claims, holding that a class action settlement against Dow that had been filed 12 years prior by Vietnam War veterans who were injured by Agent Orange barred their lawsuits. The plaintiffs appealed, arguing that they were inadequately represented in the prior class action lawsuit and therefore, due process considerations prevented the earlier class action settlement from precluding their claims.
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