Appeals court rejects Agent Orange suits

http://www.upi.com/NewsTrack/Top_News/2008/02/22/appeals_court_rejects_agent_orange_suits/3246/

Appeals court rejects Agent Orange suits

NEW YORK, Feb. 22 (UPI) -- A U.S. appeals court has upheld the dismissal of lawsuits by veterans, their families and Vietnamese nationals over the use of Agent Orange in the Vietnam War.

The St. Louis Post-Dispatch reported that the U.S. Court of Appeals for the Second Circuit in New York issued three opinions affirming lower court ruling that dismissed 16 civil actions against Dow Chemical Co., Monsanto Co. and other chemical makers.

The three-judge panel said makers of herbicides that comprised Agent Orange were protected by the "military contractor defense," which shields independent contractors from liability when fulfilling government procurement contracts.

In one of the cases the court rejected claims by the Vietnam Association for Victims of Agent Orange/Dioxin that the use of Agent Orange was a violation of international law.

The court said the use of Agent Orange was lawful because the herbicide was not used as a weapon against people, but rather was used to clear vegetation to protect U.S. troops from ambush.