The first 18 months can best be characterized as the pleading stage. Yannacone files a series of complaints, the Judicial Panel on Multidistrict Litigation transfers the cases to Judge Pratt in Westbury, the defendants make two motions to strike and dismiss, the veterans move for class certification, Judge Pratt rules that federal common law applies to the veterans claims, and the defendants assert the government contract defense in their answers and commence third party actions for contribution and indemnity against the government. No discovery takes place during these first 18 months.

The second stage of the litigation lasts for one year, until the end of December 1980. During this period, the parties and the judge focus primarily on case management issues, including class certification and discovery, the government contract defense, and government liability. The Second Circuit reverses Judge Pratt and rules that federal common law does not apply to the veterans' claims. At the end of December, Judge Pratt hands down a major ruling.

During the next stage of the litigation, which lasts from January 1981 through April 1983, the parties focus almost exclusively on the government contract defense and the Phase I trial. Discovery begins. The parties produce millions of pages of documents and take hundreds of depositions. Judge Pratt defines the three elements of the government contract defense. The Supreme Court refuses to consider the federal common law issue.

The next stage of the litigation lasts only two months. In April 1983, seven defendants. including Dow, file motions for summary judgment based on the government contract defense. The motions are supported by thousands of pages of documents and deposition transcripts. Judge Pratt hears oral argument on May 5. On May 12, in one of the most memorable days I have ever spent in court, Judge Pratt reads his decision from the bench in open court.