Liability and Military Contractors Doctrine

In 2004, Judge Jack Weinstein ruled in favor of the chemicals companies in two Agent Orange cases, Isaacson and Stevenson, saying that the Military Contractors Doctrine should be applied. The chemical companies which manufactured Agent Orange would then be immune from legal liability because of their status as government contractors following military specifications. The Military Contractors Doctrine shields the chemical companies from legal liability to veterans or their families.

An appeal was filed in 2005 on behalf of the veterans and oral arguments were heard in June 2007 in the Second Circuit Court of Appeals on Judge Weinstein's ruling. It is estimated that the Second Circuit will take three to six months to issue its decision. This Military Contractors decision will determine whether veterans who were exposed to Agent Orange in Vietnam and later developed an Agent Orange disease can get any legal compensation from the chemical companies which made Agent Orange and the other herbicides used in Vietnam.

It is likely that the losing side will ask the United States Supreme Court to review the Second Circuit's decision on the Military Contractors appeal case. The Supreme Court would then consider whether or not it wants to accept these cases for review.

The present legal situation is that any newly-filed Agent Orange case would likely end up in the federal court system and eventually make its way to Judge Weinstein's courtroom as part of the federal court case entitled In re "Agent Orange" Products Liability Litigation, which is also known as Multi-district Litigation (MDL) No. 381. Based on Judge Weinstein's ruling against the veterans in Isaacson and Stephenson, it is likely that any newly-filed Agent Orange case would be dismissed until if and when his Military Contractors ruling is reversed.

More about Agent Orange on our Agent Orange Information Page