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In re "Agent Orange" Product Liability Litigation

United States District Court, E.D. New York.
Oct 17, 1983
99 F.R.D. 338 (E.D.N.Y. 1983)

Summary

approving discovery recommendations of special master

Summary of this case from In re "AGENT ORANGE" Product Liability Litigation

Opinion

         In " Agent Orange" products liability litigation, the District Court, George C. Pratt, Circuit Judge, sitting by designation, held that: (1) government counsel who appeared as attorneys for former government employees would be permitted to review personal files of former government employees prior to their production so as to be able to frame objections on grounds of relevancy and privilege, and (2) government would not be required to produce for depositions the custodians of government documents.

         Recommendations approved.

         

          Victor J. Yannacone, Jr., Yannacone & Associates, Patchogue, N.Y., for plaintiffs.

          Leonard L. Rivkin, Rivkin, Leff, Sherman & Radler, Garden City, N.Y., for defendant The Dow Chemical Corp.

          Morton B. Silberman, Clark, Gagliardi & Miller, White Plains, N.Y., for defendant T.H. Agr. & Nutrition Co., Inc.

         Wendell B. Alcorn, Jr., Cadwalader, Wickersham & Taft, New York City, for Diamond Shamrock.

          Philip D. Pakula, Townley & Updike, New York City, for defendant Monsanto.

          William Krohley, Kelley Drye & Warren, New York City, for defendant Hercules, Inc.

          Thomas Beck, Arthur, Dry & Kalish, New York City, for defendant Uniroyal.

          Howard Lester, Lester, Schwab, Katz & Dwyer, New York City, for defendant Hoffman-Taft.

          John M. Fitzpatrick, Dilwarth, Paxson, Kalish & Levy, Philadelphia, Pa., for defendant Hooker Plastics & Chemicals Corp.

          David R. Gross, Budd, Larner, Kent, Gross, Picillo & Rosenbaum, Newark, N.J., for defendant Thompson Chemical Co.

          Paul V. Esposito, Lewis, Overbeck & Furman, Chicago, Ill., for defendant Riverdale Chemical Co.

         Arvin Maskin and Gretchen Leah Witt, Civil Div., Dept. of Justice, Washington, D.C., for the United States of America.


          GEORGE C. PRATT, Chief Judge:

         Defendants appeal from the two rulings included in the special master's addendum dated October 3, 1983 to his recommendation of August 17, 1983. These two items are all that remain in dispute of a group of discovery problems originally addressed in the special master's recommendation of June 8, 1983. In Pretrial Order No. 53, the court decided a number of the disputed issues, but referred four of them back to the special master for reexamination. On August 17, 1983 the special master made a further recommendation from which defendants and the government both appealed. At the request of the special master, however, this court referred the matter back to the special master for reconsideration. His addendum of October 3, 1983 is the result of that reconsideration.

          Only two open matters remain before the court. As to the first, the special master has recommended that government counsel, who appear as attorneys for former government employees, be permitted to review personal files of the former government employees prior to their production so as to be able to frame objections on grounds of relevancy and privilege. As to the second matter, the special master recommended that the government not be required to produce for depositions custodians of government documents. He felt that under the circumstances such depositions were not warranted, nor would they be productive of relevant documents.

         The court has carefully considered the circumstances out of which the disputes arise and the arguments raised by defendants, both on the initial appeal and on the appeal from the special master's addendum. After due deliberation, the recommendations are approved and

         SO ORDERED.


Summaries of

In re "Agent Orange" Product Liability Litigation

United States District Court, E.D. New York.
Oct 17, 1983
99 F.R.D. 338 (E.D.N.Y. 1983)

approving discovery recommendations of special master

Summary of this case from In re "AGENT ORANGE" Product Liability Litigation

approving discovery recommendations of special master

Summary of this case from In re "AGENT ORANGE" Product Liability Litigation

approving discovery recommendations of special master

Summary of this case from In re "AGENT ORANGE" Product Liability Litigation

approving discovery recommendations of special master

Summary of this case from Ryan v. Dow Chemical Co.

approving Special Master's recommendation to permit government counsel appearing as counsel for former employees to review personal files of former employees for relevance as well as privilege claims

Summary of this case from In re Agent Orange Product Liability Litigation

approving two recommendations of the Special Master, permitting government counsel appearing as counsel for former employees to review personal files of former employees for relevancy as well as privilege, and denying defendants' request to take depositions of custodians of government documents

Summary of this case from In re Agent Orange Product Liability Litigation
Case details for

In re "Agent Orange" Product Liability Litigation

Case Details

Full title:In re

Court:United States District Court, E.D. New York.

Date published: Oct 17, 1983

Citations

99 F.R.D. 338 (E.D.N.Y. 1983)

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