Cory Watson Crowder & DeGaris, P.C.

On March 2, 2005, Judge Jack B. Weinstein issued a final order dismissing all pending lawsuits filed by veterans against the chemical companies that made Agent Orange. According to Judge Weinstein's order, the government contractor defense bars the veterans' claims for personal injury related to their exposure to the Agent Orange made by the chemical companies and sold to the United States government.

We have appealed Judge Weinstein's order to the Second Circuit Court of Appeals. The Second Circuit previously reversed another order entered by Judge Weinstein which dismissed the veterans' cases on the basis that a prior class action settlement precluded any new cases against the chemical companies. The earlier decision opened up this litigation for the filing of new claims on behalf of many veterans who received no compensation from the prior class action settlement.

We are working with a team of lawyers right now who are filing additional briefs in an effort to get Judge Weinstein's order reversed so that we may continue prosecuting these important claims on behalf of those veterans who deserve fair compensation for injuries caused by the chemical companies. It is doubtful that we will hear from the Second Circuit this year.

Many of you have clients who are requesting information about this litigation and we hope this update will answer some of their questions. We will keep you posted on any changes that may occur.

If you have any questions regarding this litigation, please contact Tracie Talmadge (ttalmadge@cwcd.com) at (800) 852-6299 or (205) 328-2200 or via fax at (205) 324-7896.

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