# The Agent Orange summary judgment was withdrawn before it became a judgment

**What this fixes.** Earlier dossier prose said Hercules's government-contractor summary judgment "was later
vacated." The precise, primary-sourced fact is sharper: Judge Pratt's **opinion was withdrawn before judgment
was ever entered**, the defense was sent to trial, and Hercules was reinstated as a defendant — then the case
settled before trial. Frawley's testimony never produced a final judgment.

**Grade.** `[CONFIRMED-primary]`. Recited by the U.S. Supreme Court in *Hercules, Inc. v. United States*,
516 U.S. 417 (1996) — held locally at `sources/516_US_417_Hercules-v-US_1996_CornellLII.html` (Cornell LII).
The underlying order is *In re "Agent Orange" Product Liability Litigation*, **597 F. Supp. 740, 753 (E.D.N.Y.
1984)** (Weinstein, C.J.) — a real, verified reporter citation (CourtListener cluster 1437287); page-image not
pulled.

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## Verbatim — 516 U.S. 417 (1996), procedural recitation

> District Judge Pratt awarded petitioners summary judgment on the basis of the Government contractor defense in
> May 1983. *In re "Agent Orange" Product Liability Litigation*, 565 F. Supp. 1263 (EDNY 1983). **Before the
> judgment was entered, however, the case was transferred to Chief Judge Weinstein, who withdrew Judge Pratt's
> opinion, ruled that the viability of the Government contractor defense could not be determined before trial,
> and reinstated petitioners as defendants.** See *In re "Agent Orange" Product Liability Litigation*, 597 F.
> Supp. 740, 753 (EDNY 1984).
>
> In May 1984, hours before the start of trial, the parties settled. The defendants agreed to create a $180
> million settlement fund …

**Note on 516 U.S. 417 itself.** This is the *later* suit: Hercules and Wm. T. Thompson, having paid into the
settlement, sued the United States under the Tucker Act to recover those costs on contract/indemnity theories.
The Supreme Court (1996) held the Government owed no such reimbursement. The opinion is cited here only for its
recitation of the 1983–84 Agent Orange procedural history.