DBCP Facts
This page serves as a resource for accurate factual information related to cases concerning the agricultural chemical DBCP and Dole’s firm commitment to the safety and well being of our employees.
Dole is dedicated to constant improvements in the health and safety of our 75,000 employees worldwide. Dole sets high standards for the Company that go beyond what the law requires. Our people are our greatest asset and their safety and well being our highest priority.
LATEST NEWS
Oct. 26, 2009 – Dole Food Company, Inc. announced today that the United States District Court for the Southern District of Florida has issued an order denying recognition and enforcement of a $97 million Nicaragua judgment against Dole and another U.S. company.
In the Court’s Order Denying Recognition of Judgment in Miguel Angel Sanchez Osorio et al. v. Dole Food Company et al., Judge Paul C. Huck cited separate and independent grounds for non-recognition: the Nicaragua trial court did not have jurisdiction over the defendant companies; the judgment did not arise out of proceedings that comported with the international concept of due process; the judgment was rendered under a system which does not provide impartial tribunal or procedures compatible with the requirements of due process of law; and the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of Florida.
Judge Huck noted that “the credible and unrefuted medical testimony in this case is that it is factually impossible for what is represented in the Judgment to have occurred,” and that due process “do[es] not permit awarding damages in the face of clear scientific evidence of the absence of causation,” or, as in this case, “with proof that [the defendants] are not at fault.”
“The evidence before the Court is that the judgment … arose out of proceedings that the Nicaraguan trial court did not have jurisdiction to conduct,” stated Judge Huck. “During those proceedings, the court applied a law that unfairly discriminates against a handful of foreign defendants with extraordinary procedures and presumptions found nowhere else in Nicaraguan law. Both the substantive law under which this case was tried, Special Law 364, and the Judgment itself, purport to establish facts that do not, and cannot, exist in reality. As a result, the law under which this case was tried stripped Defendants of their basic right in any adversarial proceeding to produce evidence in their favor and rebut the plaintiffs’ claims.”
Judge Huck went on to state that “the judgment was rendered under a system in which political strongmen exert their control over a weak and corrupt judiciary, such that Nicaragua does not possess a system of jurisprudence likely to secure an impartial administration of justice.”
“The Court’s ruling indicates that corruption and a total lack of due process is the norm for the Nicaragua judicial system,” said C. Michael Carter, Dole’s Executive Vice President and General Counsel. “The laws and procedures on which this judgment has been awarded in Nicaragua are absolutely contrary to the international concepts of fairness and due process.”
According to Judge Huck, “[c]ivilized nations do not typically require defendants to pay out millions of dollars without proof that they are responsible for the alleged injuries … Civilized nations do not target and discriminate against a handful of foreign companies and subject them to minimum damages so dramatically out of proportion with damage awards against resident defendants. …”
In reference to political corruption of the judiciary, Judge Huck went on to state that Nicaragua’s “Special Law 364 and its application in the Osorio proceedings could well serve as Exhibit A evidencing the lack of independent tribunals in Nicaragua. The passage of Special Law 364 is itself further evidence of undue political meddling in Nicaragua’s judicial process.”
DOLE'S RESPONSE TO THE FILM BANANAS!*
 Banana Movie Press Release Withdraw FINAL
Oct. 14, 2009 – 16 kb PDF
Dole Opposition to Defendant's Special Motion
Oct. 6, 2009 – 2.07 Mb PDF
Declaration of David Ginsburg
Oct. 6, 2009 – 1.7 Mb PDF
Declaration of Marc Schenker
Oct. 6, 2009 – 809 kb PDF
Declaration of Arnold Schwartzman
Oct. 6, 2009 – 43 k PDF
Declaration of Jeffrey Todd
Oct. 6, 2009 – 654 k PDF
Declaration of Scott Edelman
Oct. 6, 2009 – 1.76 Mb PDF
Dole Statement on the Film "Bananas!*"
Sept. 23, 2009 – 42 k PDF
The Facts About "Bananas!*"
Sept. 28, 2009 – 176 k PDF
Dole Letter to Swedish MPs Mats Johansson and Luciano Astudillo
Sept. 28, 2009 - 432 k PDF
Defamation Complaint
July 8, 2009 – 2.2 M PDF
Letter to Fredrik Gertten
June 23, 2009 – 464 k PDF
COURT RULINGS
U.S. District Court in Miami Rules in Favor of Dole and Rejects Nicaragua Judgment
October 26, 2009 – 41 k PDF
U.S. District Court Judge Paul C. Huck ruling denying enforcement of Osorio judgment
October 20, 2009 – 295 k PDF
California Court of Appeals remands Tellez to trial court
July 7, 2009 – 67 k PDF
Judge Victoria G. Chaney ruling on Mejia and Rivera cases for fraud on the court
June 17, 2009 – 2.2M PDF
Judge Victoria G. Chaney ruling on plaintiffs’ conspiracy of fraud and extortion against Dole
April 23, 2009 – 88 k PDF
DOLE PRESS RELEASES
Dole Vindicated by Court’s Formal Findings of Fraud and Corruption by Nicaraguan Plaintiffs Claiming Injury By DBCP and Their Lawyers
June 18, 2009 – 116 k PDF
Dole statement on dismissal of two DBCP lawsuits in LA County Superior Court
April 24, 2009 – 59 k PDF
Dole Food Company, Inc. Wins Court Rulings
March 10, 2008 – 60 k PDF
DBCP Press Release
November 5, 2007 – 120 k PDF
NEWS COVERAGE
Judge can't enforce $97M judgement against Dole
By: Jennifer Kay
Associated Press
October 21, 2009
Dole Doesn’t Have to Pay Nicaraguan Verdict, U.S. Judge Rules
By: Edvard Pettersson
Bloomberg
October 21, 2009
Dole on a Roll: Court Declines to Enforce $97M Judgment
By: Ashby Jones
Wall Street Journal Law Blog
October 21, 2009
Fraud by trial lawyers taints wave of pesticide lawsuits
By: Steve Stecklow
The Wall Street Journal
August 19, 2009
Jackpot Justice Goes Global
By: Vince Vitkowsky
Real Clear Markets
August 5, 2009
L.A. lawyer accused of fraud in pesticide litigation
By: Alan Zarembo and Victoria Kim
Los Angeles Times
August 5, 2009
Journalistic documentary? (note: link opens to Google Translate version of original Swedish)
By: Jonas Deveborn
Kristianstadsbladet
August 1, 2009
US lawyer faces investigation after battling corporations on workers’ behalf
By: Rory Carroll
The Guardian
July 15, 2009
Trial lawyer tactics exposed in Latin America
By: Former Ambassador Roger F. Noriega
The American
July 14, 2009
Pesticide cases could be upended
By: Victoria Kim and Alan Zarembo
Los Angeles Times
July 12, 2009
A bunch of fake claims against Dole?
By: Michael Orey
BusinessWeek
July 6, 2009
U.S. imports of lawsuits rising
By: Ronald D. Rotunda
Orange County Register
June 30, 2009
Dole Uses Judge Attack in Banana Case to Undo $2 Billion Awards
By: Edvard Pettersson
Bloomberg.com
June 24, 2009
Dole Claims Bananas! Film Documents Fraud
By: Michael Orey
Business Week
June 19, 2009
Attorneys made fraudulent claims in Dole suits, judge rules
By: Victoria Kim
Los Angeles Times
June 18, 2009
Hearing set for lawyer accused of extorting Dole
By: Linda Deutsch
Associated Press
June 17, 2009
Fraud on Dole detailed
By: Mark Lackter
LA Biz Observed
June 17, 2009
The Big Slip Up
By: Alexa Hyland
Los Angeles Business Journal
June 8, 2009
'A Blatant Extortion': A judge slams plaintiffs lawyers' torts-for-import game
By: Editorial Staff
The Wall Street Journal
May 13, 2009
Lawyer faces contempt charges in pesticide case against Dole
By: Carol J. Williams
The Los Angeles Times
May 9, 2009
Judge refers lawyer for prosecution in Dole fraud
By: Linda Deutsch
Associated Press
May 9, 2009
A Dole-ful victory
Editorial
Investor’s Business Daily
LA judge rules fraud in suits against Dole
By: Linda Deutsch
Associated Press
April 23, 2009
Dole claims fraud in Nicaragua banana worker suits
By: Linda Deutsch
Associated Press
April 21, 2009
Judge could toss Dole pesticide cases
By: Gina Keating
Reuters
April 21, 2009
Cases on Behalf of Foreign Nationals Are Out of Order
By: C. Michael Carter, executive vice president, general counsel and corporate secretary of Dole Food Co. Inc.
Ventura County Star
October 23, 2007
Lawyers Without Borders
Wall Street Journal
August 21, 2007; Page A14
DOLE’S GLOBAL COMMITMENT TO CORPORATE SOCIAL RESPONSIBILITY
Dole is committed to the quality of our products, sustainable environmental practices and the wellbeing of our 75,000 employees worldwide. Dole contributes generously to the communities where it operates around the world, promoting nutrition and health education as well as a healthier, more sustainable environment. Visit: http://dole.com/corporateresponsibility/ to learn more.
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