Dole Banana Workers’ Pesticide Exposure Suits Revived

Sept. 6, 2016, 4:00 AM

Dole Foods Co., Occidental Chemical, Chiquita Brands and others are back on the hook for allegedly exposing banana plantation workers to toxic pesticides (Chavez v. Dole Food Co., 2016 BL 287855, 3d Cir. en banc, No. 13-4144, 9/2/16).

The U.S. Court of Appeals for the Third Circuit revived the workers’ putative class action Sept. 2.

In August 2015, a three-judge panel of the Third Circuit affirmed dismissal of the workers’ suit by a Delaware federal court because identical claims were pending in another federal court.

But on second look, the en banc Third Circuit held that the “serious...

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