To deflect the anti-Dow sentiment, the firm labeled identifed the federal government as the bad guy and started a third-party action.

Third-party action, he said, was essential.

As any claim under the Federal Tort Claims Act had to be filed within two years - in other words, by 21 December 1990 - he obtained leave from the court to commence a third-party action against the United States government.

In addition to these lawsuits against the United States, the court also has exclusive subject matter jurisdiction of certain civil actions brought by the United States under the laws governing import transactions, as well as counterclaims, cross-claims, and third-party actions relating to actions pending in the court.