Wednesday, August 12, 2015

Tobias Chavez v. Dole Food Company Inc

<> Tobias Chavez v. Dole Food Company Inc - 8/11/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 13-4144. The Panel said, "This appeal is but a facet of procedurally intricate litigation concerning the alleged misuse of the pesticide dibromochloropropane (DBCP) on banana farms throughout Central America."
     The majority concluded: "we conclude that the Delaware District Court did not abuse its discretion in dismissing the Appellants' actions in favor of the first-filed litigation in Louisiana. We also find no error in the Delaware District Court's dismissal of Appellee Chiquita Brands International for a lack of jurisdiction. Therefore, for the foregoing reasons, we will affirm the Delaware District Court's orders." [A lengthy dissent was filed.]