Monsanto Can't Pare Agent Orange Disposal Suit

Law360, New York (September 28, 2011, 7:16 PM EDT) -- A New York federal judge on Wednesday refused to trim a dispute alleging Monsanto Co. exposed West Virginia residents to Agent Orange chemicals, rejecting its argument that it was not liable for claims tied to disposing waste while it was a government contractor.

U.S. District Judge Paul G. Gardephe rejected Monsanto's partial summary judgment bid on claims that it negligently disposed of dioxin waste through a process called pit burning. The chemical giant could not wield the government contractor defense because it did not show that the U.S. had sanctioned the disposal process, the judge ruled.

Plaintiffs Mary B. Spaulding and...

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