Motion Filed Against Dole Food and Dow Chemical, Damages Could Exceed $150,000,000

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HendlerLaw and The Lanier Law Firm have filed a motion to certify an international class action in a Texas court against Dole Food Company, Inc., The Dow Chemical Company and others for DBCP related injuries to Banana plantation workers from various countries. The class certification hearing is scheduled for November 2, 2009

I project our clients' damages will exceed 150 million dollars against Dole alone, and we expect to begin trying these cases next year.

On November 2nd, HendlerLaw and The Lanier Law Firm will ask a Texas Court to certify an international class action against Dole Food Company, Inc., The Dow Chemical Company and others for DBCP related injuries to Banana plantation workers from various countries (cause # 93-c-2290, Texas State Court, Brazoria County).

The Class Action Complaint alleges exposure to DBCP while working on Dole and Chiquita Banana plantations caused sterility, renal damage, cancer and other health problems and contends Dole senior management expressly directed farm managers to disregard safe use guidelines. http://records.brazoria-county.com/Scripts/UVlink.isa/brazoria_tsg/WEBSERV/CivilSearch?action%253Dview%26track%253D95829

"This is one of the strongest punitive damages cases I've ever seen," says Scott Hendler, the lead attorney representing thousands of injured workers against manufacturers and users of DBCP, a nematocide applied to banana plants. "The corporate misconduct involved compares to the asbestos industry's misconduct," he added.    

Hendler says his clients are legitimate workers from Ecuador, Costa Rica and Pananma injured by exposure to DBCP and are not connected with the recent scandal in Nicaragua where Dole alleged fraud by some of the plaintiffs involved. Hendler calls the Nicaraguan situation "an aberration."

HendlerLaw plans to open multiple fronts of litigation against the Dole, Dow and Chiquita in various jurisdictions and has assembled a consortium of leading plaintiffs' lawyers including Mark Lanier of the Lanier Law Firm and Michael Brickman of Richardson, Patrick, Westbrook and Brickman to take on the fight.

HendlerLaw intends to begin with 150 of the strongest cases filed in groups of 10 and take verdicts over the next 2 ½ years. "Based on prior verdicts and computer modeling," Hendler says, "I project our clients' damages will exceed 150 million dollars against Dole alone, and we expect to begin trying these cases next year."

For more information or to review key documents related to the litigation, visit http://www.hendlerlaw.com and click on the link for DBCP .

816 Congress Avenue, Suite 1670
Austin, TX 78701

Telephone 512.439.3200
Facsimile 512.439.3201

Contact:
Scott Hendler
512.658.1938
http://www.hendlerlaw.com

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