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Dow Chemical v. Stephenson February 26, 2003 (02-271) return to case listing Case Summary In 1984, Petitioners, manufacturers of Agent Orange, reached a $180 million settlement in a class action brought by plaintiffs injured by exposure to the chemical during the Vietnam War. The Respondents, Vietnam War veterans, suffered illnesses allegedly caused by exposure to Agent Orange which were not diagnosed until the late 1990's. By that time, the funds from the original settlement were no longer available, and Respondents brought suit in federal district court seeking compensation for their injuries. The Second Circuit Court of Appeals held that because the settlement expressly excluded payment for any death or disability occurring after 1994, Respondents were inadequately represented in the prior litigation and, therefore, are not bound by the settlement. The opinion of the Second Circuit opinion is found at 273 F.3d 249. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 6-3 to Reverse 6-3 to Affirm 7-2 to Affirm VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Kennedy Scalia Thomas Breyer O'Connor Kennedy Breyer Stevens Breyer Affirmed per curiam by an equally divided (4-4) Court. Justice Stevens did not participate in the decision. VOTING TO AFFIRM Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Rehnquist Stevens Scalia Souter Thomas Ginsburg Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg   return to case listing