DuPont wins legal victory
against grower who settledThe Hawaii Supreme Court
reached a different conclusion
MIAMI >> The DuPont Co. has won an appeal in a lawsuit by a grower who alleged the chemical company defrauded him when he settled claims for crop losses blamed on its fungicide Benlate.
Green Leaf Nursery of Homestead claimed DuPont engaged in a high-level cover-up of a defective pesticide by hiding records and lying about the now-discontinued chemical while pursuing the 1994 settlement.
The 11th U.S. Circuit Court of Appeals ruled Friday that other remedies such as a contempt motion are available, but the nursery should not be allowed to sue a second time after settling claims that it was victimized by DuPont.
"DuPont is very pleased with this thoughtful decision," company spokesman Mike Ricciuto said yesterday.
Attorney Steve Cox, who argued the nursery's appeal, said no decision has been made on how to respond to the decision.
"To say, 'You settled, too bad,' it's like blind man's bluff," he said. "It creates situations like this where people get away with fraud. That's not right."
DuPont attorney Steve Clay denied the company committed fraud.
He said the court's ruling meant: "If you have a problem like this, there are several ways that you can address it. But these kinds of lawsuits where they're suing for damages to be paid to plaintiffs is not one of the alternatives."
Green Leaf was one of 34 growers with Benlate racketeering and fraud claims dismissed on legal grounds before trial by U.S. District Judge Alan Gold in Miami.
The growers claimed concealment of lab and field test results, lies in depositions and by company attorneys, misleading answers in trial discovery, deceptive responses to court orders, and witness intimidation and tampering.
A three-judge appellate panel said it did not "sanction DuPont's alleged conduct" but decided DuPont has absolute immunity under Florida law from Green Leaf's claims.
The Hawaii Supreme Court ruled last month that growers should be allowed to pursue fraud claims similar to the one rejected by the Atlanta-based federal appellate court.
In Florida, the state Supreme Court reinstated a $4 million jury award last month to the family of a boy born without eyes, a birth defect blamed on Benlate.
At the end of last year, DuPont had more than 100 Benlate-related lawsuits pending, with plaintiff claims including fraud, birth defects, plant damage and damage to shrimping operations.
DuPont ordered a halt to Benlate production in 2001 after 32 years. It has paid out more than $1 billion in settlements and legal fees on Benlate claims.
