LOS ANGELES (Reuters) – A California judge on Thursday threw out two pesticide lawsuits against Dole Food Co and other companies by plaintiffs claiming to be banana farm workers, citing a “pervasive conspiracy” by plaintiffs’ attorneys and Nicaraguan judges.
The ruling by Los Angeles Superior Court Judge Victoria Chaney puts in doubt $2 billion in pending judgments in dozens of similar lawsuits. Chaney also said she would refer the matter to states’ bar associations and to prosecutorial agencies.
The plaintiffs, known as bananeros, have won judgments against Dole in Nicaraguan courts after claiming they were made sterile by the chemical DBCP, which was banned in the United States but was used by Dole to control fungus. The other defendants were Dow Chemical and AMVAC.
Privately-owned Dole, is the world’s largest producer of fruits and vegetables.
Chaney made the ruling after a three-day hearing on fraud allegations that cropped up during the first of about 40 toxic tort lawsuits to be tried in her court involving thousands of plaintiffs from Costa Rica, Guatemala, Panama, Honduras and the Ivory Coast .“What a sad commentary that somebody thought that they were free to bring this fraud in the US courts,” Chaney said. “What a sad commentary for individuals who will not be able to come to this court or any court for redress of wrongs that have been committed against them.”
A federal judge in Miami, who is considering whether to enforce a $97 million judgment, behind which sits another judgment for $800 million won by bananeros in a Nicaraguan court, had been waiting for the outcome of the California fraud hearing to rule on his case.
Assistant US Attorney Richard Robinson, a major fraud prosecutor who acted as lead counsel in the Justice Department’s case against the Milberg Weiss law firm, attended the hearing but had no comment about whether an investigation had been opened.
More than 10,000 plaintiffs have brought cases against Dole and other defendants over exposure to DBCP in US and Nicaraguan courts, Dole attorney Scott Edelman said in his closing argument on Thursday.
Chaney found evidence “that the proof of employment and medical evidence presented to me that came out of Nicaragua was manufactured and not honestly so by certain individuals in Nicaragua,” Chaney said.
