Del. Justices Won't Reverse Toss Of Dole Pesticide Suit

Law360 (January 13, 2021, 4:18 PM EST) -- The Delaware Supreme Court has refused to undo a 2013 trial court ruling tossing a lawsuit claiming Dole Food Co. Inc. and other companies exposed banana plantation workers in Latin America to the toxic pesticide DBCP, saying the lower court hadn't abused its discretion.

In a 4-1 decision on Tuesday that included a strong dissent from Justice Karen L. Valihura that was lengthier than the majority's opinion, the appeals court said the Delaware Superior Court did not err in denying a bid by laborers seeking review of the lower court's 2013 decision tossing the case.

"Ultimately, the question is whether the...

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