Chiquita Worker's Claims Axed From Pesticide Injury Suit

Law360 (September 18, 2020, 10:27 PM EDT) -- A Delaware federal judge on Friday tossed the claims of a member of a group of Ecuadorian banana plantation workers pursuing a long-running pesticide injury suit against Chiquita and other companies, saying the man's repeated refusal to sign a required document warranted this "extreme" remedy.

In a five-page order adopting a magistrate judge's recommendation, U.S. District Judge Richard G. Andrews said plaintiff Francisco Oswaldo Villarces Mendoza's actions favored dismissal in light of a six-factor test set out by the Third Circuit. Villarces showed that he was simply not interested in pursuing the case any further, the judge said.

"On this record,...

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