Dow Chemical, et al. v James R. Allen, et al.

Outcome: Quashed subpoena for raw scientific data.

Description: During the Agent Orange litigation; Dow Chemical sought to obtain the raw data from a team of researchers at the University of Wisconsin prior to publication of the data and a report of the results in a peer-reviewed scientific journal. If they were successful, the young researchers on the team might have been denied their PhD degrees because of premature disclosure of their research. The research involved establishing the toxicity of dioxin to primates (monkeys) and the preliminary results already indicated that dioxin was much more toxic to primates than to rats and mice. On behalf of the Vietnam combat veterans, I intervened and the United States District Court in Madison, WI quashed the subpoena. Dow appealed to the U.S. Court of Appeals for the Seventh Circuit which affirmed the decision to quash the subpoena establishing a basic principle of Academic Freedom.