October Term 2002 · Docket 02-271
Does a prior class action bar later cancer claims?
Dow Chemical argues a 1984 class judgment blocks new cancer suits. Stephenson argues state law allows late claims.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Seth Waxman argued for Dow Chemical. He cited a 1984 final judgment. He claimed it binds the class.
Isaac Smoger argued for Stephenson. He stated Stephenson had no 1984 injury. He claimed state law allows late claims.
chief_justice_rehnquist_closed_the_hearing.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 45, lines 17-19 — Transcript, file page 45, lines 17-19
A citizen's guide to the whole case
What this case is about
Dow Chemical seeks to dismiss Stephenson's cancer lawsuit. It claims a 1984 class action already resolved these issues. Stephenson wants to proceed with his 1999 cancer claim. He argues state law permits late filing.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
How the case got here
The Supreme Court heard oral argument in this case on February 26, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
Dow Chemical wants the court to dismiss the lawsuit. It seeks to enforce the 1984 class judgment.
Stephenson wants the court to allow his lawsuit. He seeks to pursue his 1999 cancer claim.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
What each side says
Dow Chemical argues a final judgment binds the class. It claims this judgment includes Stephenson.
Stephenson argues he had no injury in 1984. He claims state law allows his 1999 filing.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
What the justices asked
Chief Justice Rehnquist asked if the case is submitted.
Official sources for this section
- Official Supreme Court Transcript — file page 45, lines 17-19 — Transcript, file page 45, lines 17-19
Why it matters
This case defines when a class action ends. It determines if late injuries can sue. It affects cancer patients and chemical companies.
Official sources for this section
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 45, lines 17-19 — Transcript, file page 45, lines 17-19
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 24, lines 27-9 — Transcript, file page 24, lines 27-9
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.