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Agent orange supreme court Original Source Link: (May no longer be active)    http://www.sltrib.com/2003/Jun/06102003/nation_w/64696.asp http://www.sltrib.com/2003/Jun/06102003/nation_w/64696.asp Agent Orange Case Aided By Gina Holland Los Angeles Times WASHINGTON -- The Supreme Court kept alive hopes of cancer-stricken Vietnam veterans who want to recover damages for Agent Orange exposure, deadlocking Monday in a case that has implications for anyone who misses out on a settlement of a class-action lawsuit. Businesses had anxiously awaited a clear-cut decision from the court on when -- or how -- old class-action settlements can be reopened. Instead, justices deadlocked 4-4 on a case involving two veterans who blame Agent Orange for their cancer, but got sick too late to claim a piece of the $180 million settlement with makers of the chemical in 1984. The non-decision allows veterans to pursue lawsuits claiming they were wrongfully shut out of the settlement. The ninth court member, Justice John Paul Stevens, didn't give a reason for recusing himself, but his only son was a Vietnam veteran who suffered from cancer before his death in 1996. Tie votes are rare, though the court had another one just six months ago on a major wetlands protection case. When ties occur, the ruling from the previous court that considered the case takes effect. Monday's tie left undisturbed a lower court ruling that found the veterans were inadequately represented in the Agent Orange settlement, which included no cash for people who got sick after 1994. "A lot of veterans have been waiting for 10 years to hear this, their rights are vindicated," said Gerson Smoger of Oakland, Calif., the attorney for the two veterans. New York attorney Andrew Frey, who represents Dow Chemical Co., said it's important for companies to have finality in class-action settlements or they may be wary about settling future cases out of court. "It's very frustrating for the companies to lose it 4-4 and not know why they lost," said Frey, who predicts the issue will be back at the high court eventually. Susan Koniak, a law professor at Boston University School, said challenges to class-actions are important to all people. "There's almost no American who hasn't been in a class action, whether you know it or not," she said, "whether it's a computer you bought, or rental charges on your car, or an insurance policy."

Agent orange lingers vietnam food Agent orange outside vietnam { May 28 2003 } Agent orange supreme court Files Listed: 3

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