Nonprofit Files Human Rights Suit Against Banana Giant Chiquita Brands International
EarthRights International seeks compensation for more than 200 Colombians who were allegedly tortured or had family members killed by paramilitaries.
April 02, 2020 at 05:40 PM
3 minute read
The nonprofit EarthRights International has filed a lawsuit against Chiquita Brands International on behalf of more than 200 Colombians, alleging the plaintiffs experienced violence at the hands of paramilitary agents funded by the banana company.
The demand for a jury trial in the U.S. District Court for the District of New Jersey alleges that Chiquita engaged in a "campaign of terror" in order to maintain control of a Colombian banana-growing region from at least 1992 through 2004.
"In order to produce bananas in an environment free from labor opposition and social disturbances, Chiquita funded, armed, and otherwise supported these paramilitary groups," the complaint says.
The lawsuit revives an earlier suit filed by Earthrights in 2007. In that case, the nonprofit filed a class action suit on behalf of victims in the U.S. District Court of the Southern District of Florida. But in September of last year, U.S. District Judge Kenneth Marra denied class status in that suit and dismissed a handful of individual plaintiffs' cases.
The new claims by EarthRights are brought by alleged victims who would have been members of the class action case dismissed in Florida.
The plaintiffs are family members of trade unionists, banana workers, political organizers, social activists and others allegedly threatened, tortured and killed by paramilitary organizations, according to the complaint.
No one at Chiquita's U.S. headquarters in Fort Lauderdale, Florida, could be reached for comment.
Chiquita has faced a number of lawsuits related to its activities in Colombia. In 2007, it confessed to financing a designated global terrorist group in a U.S. criminal case and agreed to pay a $25 million fine.
In early 2018, Chiquita settled lawsuits brought by the families of Americans killed in Colombia by armed groups that Chiquita admittedly paid. Terms of the settlement were confidential, but the families were seeking tens of millions of dollars.
EarthRights communications director Kate Fried said the complaint was filed electronically and business shutdowns in the U.S. aimed at containing the spread of the new coronavirus have not yet impacted the proceedings. Arguments are set for the week of May 18.
EarthRights argues that Chiquita funded, armed and otherwise supported paramilitaries in Colombia so as to quell labor opposition that could stifle banana production. The deaths of plaintiffs' relatives, it says, were "a direct, foreseeable, and intended result" of that support.
"We are not backing away from accountability for Chiquita," said Marco Simons, general counsel for EarthRights. "In its desire to maximize profits, the company chose to do business in a conflict zone and then financed death squads as part of a strategy to protect those operations, contributing to the murder, rape, and torture of thousands of Colombians."
Chiquita's counsel has not yet been made public. In previous suits, Blank Rome has represented the company.
Two Brazilian companies purchased Chiquita in 2015 and moved its U.S. headquarters from Cincinnati to Fort Lauderdale, Florida.
|READ MORE
3 US Execs Indicted in Chiquita Terrorist Funding Probe in Colombia
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAshurst Beijing Chief Representative Leaves for New York Boutique Sterlington
Baker McKenzie, Norton Rose & Other Top Litigators Foresee Rise in AI, Data & ESG Disputes
Axiom-Ince: SFO Charges Five, Including Former Head, Following Investigation
3 minute readSDT Upholds SLAPP Claim Against Osborne Clarke Partner Advising Nadhim Zahawi
3 minute readLaw Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250