During the 1960’s Vietnam War, the United States sprayed toxic herbicides in Southern Vietnam. Doing such action was considered effective in meeting some of the important US and allied military objectives in Vietnam. Agent Orange or also known as Herbicide Orange is one of the herbicides and defoliants used by the US military as part of its herbicidal warfare program. It was a mixture of equal parts of two herbicides namely: (1) 2,4,5-T; and (2) 2,4-D. From one of the 1969 reports, Courtney et. al. found out that 2,4,5-T can cause birth defects and stillbirths in mice. Some other studies have shown also an increase in the cancer mortality rate for workers exposed in the same chemical. After some other studies and investigations, it was discovered and it was …show more content…
This civil action was filed pursuant to the Alien Tort Claims Act (ATCA), 28 U.S.C. para. 1350, and pursuant to other statutory and common law provisions, for aiding and abetting violations of international law and war crimes. Under the Alien Tort Statute, it grants the District Court jurisdiction over any civil action by an alien claiming damages for a tort committed in violation of international law or a treaty of the United States. They also asserted claims grounded in domestic tort law. The claims arise out of defendants’ manufacture and supply of herbicides which were used in Vietnam between 1961 and 1975 and which have caused death and injury. They claimed to have suffered injuries as a result of their exposure to and contamination by these herbicides. Therefore, the plaintiffs sought money damages for personal injuries, wrongful death and birth defects and injunctive relief for environmental contamination and disgorgement of profits. However, the District Court dismissed these claims in 2005. The, the plaintiffs
Susan is suing Cansco, which is the company who packed the cans that she purchased from Superfast. The cans that Susan bought had been sitting on a shelf when a pipe burst causing flooding in the basement of Superfast. The plumbing workmen that the store hired knocked over several cases of cans which got wet and dented. These are the cans that were put on the half-priced table that Susan purchased. Cansco should not be found negligent in this case.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Wrongdoing: Agent Orange The Vietnam War was the longest scramble in American history, but yet it is the most unpopular American war of its century. (Digital History) It occurred between 1954 and 1973, and the U.S. basically directed the war from 1965 to 1968 with the help of the largest foreign military presence, even it was the only war American ever lost. (HistoryNet, 2016) “Agent Orange is a defoliant famously used by the British military during the Malayan Emergency and the U.S. military period of the Vietnam War.”
A draft analysis of benzovindiflupyr prepared by Jürg Zarn and Alan Boobis shows how bad the pesticide can be. They analyzed how the pesticide affected other animals (rats, mice, rabbits and dogs) over various long- and short-term studies. One study recorded that dogs exposed to doses of the pesticide experienced salivation and vomiting, and another study with exposed mice observed mice with "piloerection, rolling gait, staggering, circling, irregular respiration and soft faeces." Another study "concluded that benzovindiflupyr is carcinogenic in male rats at the highest dose tested. "
Vietnam War was the most controversial, divisive and one of the longest wars that was fought in the era of the Cold War, for 20 years from 1944 to 1973. The mass defoliation of the forest cover in South Vietnam to paralyze the Vietnamese of performing Guerrilla Warfare by the use of a toxic herbicide called Agent Orange, affecting the land and water resources and disrupting the forest and marine ecosystems. The toxic dioxin blends with a component, naturally present in every cell, the aryl-hydrocarbon receptor and enters the cellular nucleus as a hormone thereby rising through the food chains by bioaccumulation. The affected genes got transferred from one generation to another and brought about a positive death-rate in the war era. However,
But also using the strong herbicide of Agent Orange on the rice paddies would take away the enemies resources of food. This mass bombing and dropping of this chemical agent had mass effects on the land and people of Vietnam. Agent Orange caused birth defects in children across the country such as spina bifida, oral clefts, cardiovascular defects, hip dislocations and hypospadias. On top of that, defects in the digestive tract and other neoplasms like neuroblastoma were also higher in Vietnamese children born during or after the war and Vietnam veterans' children. Vietnam also was a major rice exporter before the war.
This chemical was a mixture between Dichlorophenoxyacetic acid and Trichlorophenoxyacetic acid. Once mixed the mixture created an acid called dioxine, which is very harmful to humans. Dioxine poisoning is still present in third-generation Vietnamese who have ingested or worked in areas where Agent Orange was sprayed. Dioxine poisoning created genetic deformities
4. The Vietnam War saw the use of many controversial military tactics used by both the United States and their allies, as well as the Viet Cong and NVA. On the American side, one of the most prevalent and well known missions was Operation Ranch Hand, a decade long herbicidal warfare campaign that is still causing terrible birth defects to this day. The herbicides used in Agent Orange were contaminated with an even worse chemical, known as TCDD, which is a heavy carcinogen and teratogen. In the period that it was used, agricultural lands were sprayed with Agent Orange in an attempt to starve the enemy by destroying the main crop in the region, rice.
The plaintiff in this case is Douglas Faulk and the defendant is Gold Kist, Inc. The plaintiff, Douglas Faulk owned a pond in which he had stocked approximately 2000 catfish. The pond was supplied by rainwater and runoff from the adjacent land, which included land that Gold Kist, Inc. operated a fertilizer plant on. After realizing a thick layer of scum had filled his pond, and that all of his catfish had died, Faulk sued Gold Kist, Inc. claiming they had committed an alleged trespass to his property, with regard to runoff fertilizer from their bulk plant, which he claims to have created the layer of scum on his pond, and killed all of his fish.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
The Vietnam War is a hot topic, should there be war or not? Lyndon B. Johnson says yes to war and Martin Luther King says no to war. In “Speech of Vietnam” by L.B.J. he is saying why it is best to go to the Vietnam War. While in “Beyond Vietnam” by M.L.K. he is saying why it is not necessary to go to to war. The Vietnam War is what is best for America and for other the nations.
The movie A Civil Action (Steven Zaillian, 1998) is about 12 children who die from leukemia over a 15 year span. The parents of the deceased victims seem to believe that the local tanneries caused their children to get sick from the well water provided in their community being poisoned by the toxic chemicals poured into the ground from these companies. Jan Schlichtmann (John Travolta) is a personal injury lawyer from Boston who has an ignorant attitude and only cares about the profit he’ll win back from the cases he takes on. One evening when receiving incoming calls on his radio show a woman named Anne calls in asking Jan when he is going to establish who was responsible for the deaths of the children. He declines after meeting with them since
The “Who“ are the parties in the case – Donald Margolin and his company, Novelty Now, and Funny Face, and Chris, co-owner of the Funny Face. The “Purpose” of the case would be to seek compensation for health fraud and physical damages. Ethical considerations of the case would be to try and Make Funny Face/Novelty Now to be honest about using non-FDA approved chemical, to make the company recall their products made with PYR, and compensates Mr. Margolin appropriately for his damages. Hopefully, both parties can strike a deal during the negotiation or arbitration process which is fair and would prevent Funny Face/. Novelty Now from producing dangerous products.
Essay 10 - Vietnam War To what extent did Americans support the Vietnam War? Compare and contrast this support with other conflicts, such as World War II. Americans initially supported the Vietnam War with an agenda of conquering the communist nation and wanted to destroy the idea of socialism in the world. As the war continued, the public could visualize the war through the media and opposed the U.S. involvement in the war.