Nehmer

Nehmer v. US Veterans Administ

Good Law
United States District Court, Northern District of CaliforniaNovember 5, 20203:86-cv-06160California3,579 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BEVERLY NEHMER, et al., Plaintiffs, No. C 86-06160 WHA

v.

U.S. DEPARTMENT OF VETERAN ORDER ON MOTION

AFFAIRS, FOR ENFORCEMENT

OF FINAL JUDGMENT

Defendant.

INTRODUCTION In this certified class action resolved by consent decree thirty years ago, plaintiff veterans bring a fourth motion for enforcement of the consent decree. Defendant federal agency opposes. To the extent stated herein, plaintiffs’ motion is granted. STATEMENT Thirty-three years ago, Judge Thelton Henderson certified plaintiffs’ class of all Vietnam veterans and their survivors who had applied, or were eligible to apply, to the VA for service-connected disability or death compensation “arising from exposure during active-duty service to herbicides containing dioxin.” Nehmer v. U.S. Veterans’ Admin., 118 F.R.D. 113, 116 (N.D. Cal. Dec. 22, 1987). Dioxin is the toxic contaminant in the defoliant…

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