Vietnam Association for Victims of Agent Orange, et al. v. Dow Chemical Company, et al.

Case Updates

The Second Circuit upheld the district court’s dismissal of the claims.

NCLC asked the Second Circuit to uphold a district court’s dismissal of claims brought by Vietnam nationals against U.S. corporations under the Alien Tort Statute (ATS) for harm suffered from the defoliant Agent Orange during the Vietnam War. The district judge reached the right result in dismissing the cases, but improperly opined on corporate liability under ATS and time limits for filing suits inconsistent with the Supreme Court’s opinion in Sosa v. Alvarez-Machain. Because the plaintiffs cannot find their cause of action in international law or federal statutory law, they are asking U.S. courts to create a federal common-law cause of action for damages. NCLC noted in its brief that ATS lawsuits have the potential to cause diplomatic friction between governments, as well as stifle trade and foreign investment.