Steve Brock, Rivkin Radler LLP, EAB Plaza, Uniondale, NY 11556, (516) 357-3315, steve.brock@rivkin.com

For the last twenty years following an early settlement with a class of Vietnam veterans in 1984, the courts have consistently dismissed Agent Orange claims, citing the military contractor defense, insufficient proof of causation of harm, statutes of limitations, and other defenses. The new class action by a former North Vietnamese soldier and other Vietnamese nationals seeks to avoid these court precedents requiring dismissal with unprecedented legal theories such as customary international law. These novel claims for damages by former enemy forces and officials are factually and legally unsupportable and should be dismissed for the same reasons the courts have dismissed hundreds of past Agent Orange claims.

Learning Objectives:

• Appreciate the similarities and differences in approach to Agent Orange issues from a range of medical, scientific, historical, political, military, and legal perspectives.

Keywords: Veterans' Health,

Presenting author's disclosure statement:
I have a significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.
Relationship: I represent The Dow Chemical Company in litigation involving Agent Orange.