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APPEALS BY THE AGENT
ORANGE VICTIMS AGAINST THE DISMISSAL BY JUDGE JACK WEINSTEIN OF
THE U.S. DISTRICT COURT
Lawyers of the Agent Orange victims, represented by Jonathan
Moore, submitted their brief ton September 30, 2005 o the U.S.
Court of Appeals for the Second Circuit, on appeal from the U.S.
District Court for the Eastern District of New York (Hon. Jack
Weinstein). The conclusion paragraphs read
" Contrary to the district court's faulty factual assumptions,
the harm caused by the presence of dioxin in Agent Orange, as
well as the toxic poisons in the other herbicides manufactured
by the defendants and used during the Viet Nam War, was neither
unintended nor collateral. The defendants knew that dioxin was
a poison.
They knew it was in their product in amounts far in excess of
what was safe. They knew how their product was going to be used
in Viet Nam. Perhaps most troubling of all these facts, they knew
how to keep the poisons out of their product but chose, because
of their greed, not to do so. It is this conduct upon which plaintiffs
have sued these defendants and it is this conduct which is actionable
under the ATS as a violation of international law.
For all the above stated reasons, and because equal justice
demands that those who were the intended victims of this poisonous
campaign should be compensated just as those who administered
the poisons have been, this Court must reverse the decision of
the district court granting the defendants
motion to dismiss and allow the plaintiffs international law claims
to go forward.
Likewise, this Court should reverse the grant of summary judgment
as to the plaintiffs' state law claims against the defendants."
For the entire brief, click here
for Cover page and here
for the Content.
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