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Viet. Assoc. for Victims of Agent Orange V. Dow Chem. Co., 517 F.3D 104 (2D Cir

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Viet. Assoc. for Victims of Agent Orange V. Dow Chem. Co., 517 F.3D 104 (2D Cir digitalcommons.nyls.edu The Honorable Roger J. Miner ’56 Papers Circuit Court Opinions 2009 Viet. Assoc. for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104 (2d Cir. 2008) (holding that district court lacked jurisdiction under the Alien Tort Statute to consider the claims of a Vietnam nonprofit group and Vietnam nationals for injuries allegedly sustained from exposure to herbicides during the Vietnam War, that state law claims were barred by the government contractor defense and the district court did not abuse its discretion when it denied extraterritorial injunctive relief), cert. denied, 555 U.S. 1218 (2009). Roger J. Miner Follow this and additional works at: https://digitalcommons.nyls.edu/circuit_opinions Recommended Citation Miner, Roger J., "Viet. Assoc. for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104 (2d Cir. 2008) (holding that district court lacked jurisdiction under the Alien Tort Statute to consider the claims of a Vietnam nonprofit group and Vietnam nationals for injuries allegedly sustained from exposure to herbicides during the Vietnam War, that state law claims were barred by the government contractor defense and the district court did not abuse its discretion when it denied extraterritorial injunctive relief), cert. denied, 555 U.S. 1218 (2009)." (2009). Circuit Court Opinions. 17. https://digitalcommons.nyls.edu/circuit_opinions/17 This Article is brought to you for free and open access by the The Honorable Roger J. Miner ’56 Papers at DigitalCommons@NYLS. It has been accepted for inclusion in Circuit Court Opinions by an authorized administrator of DigitalCommons@NYLS. Roffer, Michael 8/5/2015 For Educational Use Only Vietnam Ass'n for Victims of Agent Orange v. Dow Chemical Co., 517 F.3d 104 (2008) Chemical Corp., also known as Maxus Energy 517 F.3d 104 Corp., also known as Occidental Chemical Corp., United States Court of Appeals, also known as Diamond Shamrock, Diamond Second Circuit. Shamrock Refining and Marketing Company, Occidental Electrochemicals Corporation, Hooker VIETNAM ASSOCIATION FOR VICTIMS OF Chemical Corporation, Hooker Chemical Far East AGENT ORANGE, Phan Thi Phi Phi, Nguyen Corporation, Hooker Chemicals & Plastics Corp., Van Quy, Individually and as parent and natural Chemical Land Holdings, Inc., T–H Agriculture & guardian of Nguyen Quang Trung, Thuy Nguyen Thi Nutrition Co., Thompson Chemical Corporation, Nga, His children, Duong Quynh Hoa, Individually also known as Thompson Chemical Corp., Riverdale and as administratrix of the estate of her deceased Chemical Company, Defendants–Appellees, child, Huynh Trung Son, On behalf of themselves Pharmacia Corp., formerly known as Monsanto and others similarly situated, Nguyen Thang Co., Ultramar Diamond Shamrock Corporation, Loi, Tong Thi Tu, Nguyen Long Van, Nguyen Thi Maxus Energy Corp., Diamond Alkali Company, Thoi, Nguyen Minh Chau, Nguyen Thi Nham, Le Ansul Incorporated, American Home Products Thi Vinh, Nguyen Thi Hoa, Individually and as Corporation, formerly known as American parent and natural guardian of Vo Thanh Tuan Home Products, Wyeth, Inc., Hoffman– Anh, her child, Vo Thanh Hai, Nguyen Thi Thu, Taff Chemicals, Inc., Elementis Chemicals, Individually and as parent and natural guardian Inc., United States Rubber Company, Inc., of Nguyen Son Linh and Nguyen Son Tra, Her Syntex Agribusiness, Inc., ABC Chemical children, Dang Thi Hong Nhut, Nguyen Dinh Thanh, Companies 1–50, Syntex Laboratories, Inc., Valero Nguyen Muoi, Ho Thi Le, Individually and as Energy Corporation, doing business as Valero administratrix of the estate of her deceased husband Marketing And Supply Company, Defendants. Ho Xuan Bat, Ho Kan Hai, Individually and as parent and natural guardian of Nguyen Van Hoang, Docket No. 05–1953–cv. | Argued: her child, and Vu Thi Loan, Plaintiffs–Appellants, June 18, 2007. | Decided: Feb. 22, 2008. v. Synopsis DOW CHEMICAL COMPANY, Monsanto Company, Background: Vietnamese nonprofit group and individual Monsanto Chemical Co., Hercules, Inc., Occidental Vietnamese nationals brought product liability action against Chemical Corporation, Thompson Hayward chemical companies under international and United States Chemical Co., Harcros Chemicals, Inc., Uniroyal law, alleging personal injury and property damage caused by Chemical Co, Inc., Uniroyal, Inc., Uniroyal Chemical herbicides manufactured by companies and sold to United Holding Company, Uniroyal Chemical Acquisition States for use during Vietnam War. The United States Corporation, C.D.U. Holding, Inc., Diamond District Court for the Eastern District of New York, Jack B. Shamrock Agricultural Chemicals, Inc., Diamond Weinstein, Senior District Judge, 373 F.Supp.2d 7, dismissed Shamrock Chemical Company, also known as action. Plaintiffs appealed. Diamond Shamrock Refining & Marketing Co., also known as Occidental Electro Chemical Corp., also known as Maxus Energy Corp., also known Holdings: The Court of Appeals, Miner, Circuit Judge, held as Occidental Chemical Corp., also known as that: (1)District Court lacked jurisdiction under Alien Tort Diamond Shamrock, Diamond Shamrock Chemical, Statute (ATS) to consider plaintiffs' claims; (2) government contractor defense barred state law claims; and (3) District also known as Diamond Shamrock Refining & Court did not abuse its discretion in refusing to grant Marketing Co., also known as Occidental Electro extraterritorial injunctive relief. © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 Roffer, Michael 8/5/2015 For Educational Use Only Vietnam Ass'n for Victims of Agent Orange v. Dow Chemical Co., 517 F.3d 104 (2008) sues, (2) for a tort, (3) committed in violation of the law of nations or a treaty ratified by the Affirmed. United States. 28 U.S.C.A. § 1350. 10 Cases that cite this headnote West Headnotes (9) [3] International Law Nature and authority in general [1] Federal Courts 221 International Law Injunction 221k1 Nature and authority in general Federal Courts The “law of nations” is synonymous with Depositions and discovery the term “customary international law,” which 170B Federal Courts describes the body of rules that nations in the 170BXVII Courts of Appeals international community universally abide by, or 170BXVII(K) Scope and Extent of Review accede to, out of a sense of legal obligation and 170BXVII(K)2 Standard of Review mutual concern. 170Bk3612 Remedial Matters 170Bk3616 Injunction 7 Cases that cite this headnote 170Bk3616(1) In general (Formerly 170Bk814.1) 170B Federal Courts [4] International Law 170BXVII Courts of Appeals Nature and authority in general 170BXVII(K) Scope and Extent of Review 221 International Law 170BXVII(K)2 Standard of Review 221k1 Nature and authority in general 170Bk3576 Procedural Matters While not exhaustive, the list of principles that 170Bk3591 Depositions and discovery may be said to have ripened into universally (Formerly 170Bk820) accepted norms of international law, includes The Court of Appeals reviews denials of leave the proscriptions against piracy, slave trade, to conduct discovery and of injunctive relief for attacks on or hijacking of aircraft, genocide, and abuse of discretion, which may consist of a ruling war crimes. Restatement (Third) of the Foreign based upon an erroneous view of the law or a Relations Law of the United States § 404. clearly erroneous assessment of the evidence. 3 Cases that cite this headnote 13 Cases that cite this headnote [5] Aliens, Immigration, and Citizenship [2] Federal Courts Violation of law of nations Tort claims 24 Aliens, Immigration, and Citizenship 170B Federal Courts 24IX Alien Tort Claims 170BIV Cases “Arising Under” Federal Law; 24k761 Torts Covered Federal-Question Jurisdiction 24k763 Violation of law of nations 170BIV(B) Particular Cases, Contexts, and Whether an alleged norm of international law Questions can form the basis of an Alien Tort Statute 170Bk2295 Aliens, Immigration, and Citizenship (ATS) claim will depend upon whether it is: (1) 170Bk2297 Tort claims defined with a specificity comparable to these (Formerly 170Bk192.10) familiar paradigms, and (2) based upon a norm of The Alien Tort Statute (ATS) confers international character accepted by the civilized federal subject matter jurisdiction when three world. 28 U.S.C.A. § 1350. independent conditions are satisfied: (1) an alien © 2015 Thomson Reuters. No claim to original U.S. Government Works. 2 Roffer, Michael 8/5/2015 For Educational Use Only Vietnam Ass'n for Victims of Agent Orange v. Dow Chemical Co., 517 F.3d 104 (2008) of events giving rise to injuries alleged. 28 6 Cases that cite this headnote U.S.C.A. § 1350. 79 Cases that cite this headnote [6] Aliens, Immigration, and Citizenship Violation of treaty of United States Treaties [8] Products Liability Negotiation and ratification Government contractors 24 Aliens, Immigration, and Citizenship Products Liability 24IX Alien Tort Claims Pesticides, herbicides, insecticides, 24k761 Torts Covered fungicides, and rodenticides 24k764 Violation of treaty of United States 313A Products Liability 385 Treaties 313AII Elements and Concepts 385k3 Negotiation and ratification 313Ak177 Government contractors Geneva Protocol of 1925 was not a “treaty (Formerly 313Ak43.5) of the United States,” for purposes of Alien 313A Products Liability Tort Statute's (ATS) grant to district courts of 313AIII Particular Products jurisdiction over civil action by alien for tort 313Ak222 Pesticides, herbicides, insecticides, committed in violation of treaty of the United fungicides, and rodenticides States,
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