Though a federal judge Friday discarded growers' claims they were victims of racketeering by DuPont Co. when they settled crop damage claims, similar cases in Hawaii are continuing. Hawaii Benlate
cases move ahead despite
Florida rulingBy Lyn Danninger
ldanninger@starbulletin.comLawyers for the local cases say it's too early to tell what impact the Florida decision will have.
The decision on allegations that DuPont engaged in a high-level cover-up of a defective pesticide, coupled with earlier rulings dismissing fraud and all other claims, could end the Florida cases, but an appeal is expected.
A number of cases related to use of the pesticide Benlate DF have been brought by farmers against DuPont in 20 other states, including Hawaii.
The thirty-four growers in Florida accused DuPont of racketeering and fraud for allegedly hiding test results implicating Benlate DF itself, rather than a contaminant, as the cause of damage primarily to nursery plants and especially in humid climates.
The growers were among those who settled with DuPont in the early 1990s. DuPont paid more than $500 million to growers nationwide before suspending payments in 1992, citing research the company said showed its product was not responsible for any crop damage.
Since that time, DuPont has consistently denied that plant injuries and losses were caused by Benlate or product contaminants introduced during manufacturing.
"This is good news," said DuPont's Florida attorney Ed Moss. "We've always believed that when the facts were aired out, these cases don't belong in court."
U.S. District Judge Alan Gold was assigned to decide pretrial issues raised by Florida growers who wanted to reopen their Benlate claims. His decisions leave nothing for trial.
At one time there were 120 cases against DuPont in Hawaii. Seventy-two cases were consolidated in the Kona court. Big Island Circuit Court Judge Ronald Ibarra fined DuPont $1.5 million after evidence came to light DuPont deliberately concealed and lied about critical evidence relating to test results. Two Hawaii farmers won judgments totaling $23.8 million.
Since those findings and judgments, other farmers who originally settled with the company have been returning to court, saying they settled for far less than they should have had the critical evidence been available.
In March, federal District Judge David Ezra declined to take any action on a lawsuit brought by two Big Island farmers until the Hawaii Supreme Court settles a question raised by DuPont's attorneys in that case. Attorney for those farmers, Carl Osaki, it is likely if the case returns to federal District Court after the Supreme Court appeal that DuPont's attorneys would make the same arguments they made in Florida.
"We have RICO (Racketeer-Influenced and Corrupt Organizations Act) claims pending here. My guess is that if DuPont wins in Florida they'll come here and do the same thing," he said.