Dolele

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

In dismissing this lawsuit, the Court vacated the earlier $1.58 million judgment against Dole in favor of four of the 12 plaintiffs claiming sterility from DBCP exposure while allegedly working on Dole-contracted farms.

This result was the culmination of hearings conducted by the Court in response to the July 7, 2009 order issued to plaintiffs by the California Second District Court of Appeal directing them to show cause why this $1.58 million judgment should not be vacated and judgment be entered in Dole's favor on the grounds that the judgment was procured through fraud.

Issuing her ruling in court today, Justice Victoria Chaney stated that plaintiffs did not devise this fraud on their own. "It is not reasonable to conclude that 14,000" claimants were made sterile by DBCP.  "Some or all of the claimants have brought fraudulent claims."   The Court explained that there had to be – and found that there was – a coordinated effort "to bring fraudulent claims to our courts" by plaintiffs' attorneys.  Los Angeles attorney Juan Dominguez "was and is actively involved in activating and perpetuating this fraud and scheme on the Court", ruled Justice Chaney.

Justice Chaney also dismissed plaintiffs' contention that Dole bribed several witnesses, adding that "this Court is not persuaded."

"Today's dismissal finally brings closure to these fraudulent Nicaraguan claims. They all lacked any semblance of credibility," said C. Michael Carter, Dole's Executive Vice President and General Counsel.  "These claims are a fraud on the California courts and never should have been brought in the first place," Carter added.

Finding clear and convincing evidence of fraud, the Court not only found that plaintiffs' witnesses corroborated the fraud and witness tampering, but also quoted a plaintiff who testified that he was "coached to answer questions like a parrot" while at the Nicaraguan office of plaintiffs' attorneys.

Justice Chaney noted, however, that threats and intimidation by plaintiffs' agents "significantly interfered" with Dole's ability to uncover that fraud either before or during the Tellez trial.  The testimony of several witnesses who were willing to eventually come forward, and whose testimony the Court cited as credible, helped uncover the fraud. 

Throughout the hearing, Dole has asked the Los Angeles Superior Court to take actions to protect those brave Nicaraguan witnesses who came forward to expose the massive fraud on the Court perpetrated by Dominguez and his Nicaraguan associate, Antonio Hernandez Ordeñana.  "The brave and courageous individuals who chose to step forward in this case to tell the truth and expose this blatant fraud on the court deserve continued protection from this outrageous harassment," said Carter. 

Previous attempts by plaintiffs to enforce Nicaragua judgments have also been dismissed.  Most recently on October 20, 2009, the United States District Court for the Southern District of Florida denied recognition and enforcement of a $98.5 million Nicaragua judgment, finding 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 … ."

In that case, Judge Paul C. Huck further found that "[t]he evidence before the Court is that the judgment … arose out of proceedings that the Nicaraguan trial court did not have jurisdiction to conduct … .  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."

Justice Chaney found that Nicaragua's judicial system "is, at best, fragile in its ability to present consistent rule of law and outcomes."  She further found that, while many Nicaraguans live in relative poverty and with limited economic opportunity, [t]his lawsuit is not the appropriate vehicle to rectify this situation," adding that "[c]ivil actions are sometimes brought to induce social change. This is neither the platform nor the time to discuss using the court system to bring about different policies that affect society in general."

"While Dole believes there is no reliable scientific basis for alleged injuries from the agricultural field application of DBCP," said Carter, "Dole continues to seek reasonable resolution of pending litigation and claims in the U.S and Latin America."  As in Honduras, Dole is committed to finding a prompt resolution to the DBCP claims in Nicaragua, and is prepared to pursue a structured worker program in Nicaragua with science-based criteria.

Dole is the world's largest producer and marketer of high-quality fresh fruit and fresh vegetables, and is the leading producer of organic bananas. Dole markets a growing line of packaged and frozen foods and is a produce industry leader in nutrition education and research.

This release contains "forward-looking statements," within the meaning of the Private Securities Litigation Reform Act of 1995 that involve a number of risks and uncertainties. Forward looking statements, which are based on management's current expectations, are generally identifiable by the use of terms such as "may," "will," "expects," "believes," "intends," "anticipates" and similar expressions. The potential risks and uncertainties that could cause actual results to differ materially from those expressed or implied herein include weather-related phenomena; market responses to industry volume pressures; product and raw materials supplies and pricing; energy supply and pricing; changes in interest and currency exchange rates; economic crises and security risks in developing countries; international conflict; and quotas, tariffs and other governmental actions. Further information on the factors that could affect Dole's financial results is included in its SEC filings, including its Annual Report on Form 10-K.

DOLE PRESS RELEASES

DOLE FOOD COMPANY, INC. ASKS LOS ANGELES COURT TO PROTECT NICARAGUAN WITNESSES
June 10, 2010
LAWSUITS AGAINST DOLE BY IVORY COAST PLAINTIFFS DISMISSED
November 16, 2009
U.S. DISTRICT COURT IN MIAMI RULES IN FAVOR OF DOLE AND REJECTS NICARAGUA JUDGMENT
October 26, 2009
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

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'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

NEWS COVERAGE

Dole Urges Swift End of Case to Protect Witnesses
By: Linda Deutsch
Associated Press
June 10, 2010

California judge in banana workers case against Dole says she, others threatened
By: ANTHONY McCARTNEY
Associated Press
June 10, 2010

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 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.