Dole Foods Settles Long-Running Pesticide Lawsuits

WESTLAKE VILLAGE, Calif.Dole Food Company Inc. signed a definitive settlement agreement with the Provost & Umphrey Law Firm, LLP that effectively ends long-running lawsuits brought against Dole and Dole entities on behalf of foreign farm workers who claim injuries from alleged exposure more than 30 years ago to the agricultural chemical DBCP.

The settlement includes five lawsuits in the United States and 33 lawsuits in Nicaragua. The 33 Nicaragua cases represent approximately $9 billion in claimed damages and, in seven of those cases, two judgments totaling $907.5 million. Dole will not fund the settlement by making any payments until specific conditions are satisfied, including receiving a signed release from each plaintiff, dismissals of cases and judgments, and a good faith settlement determination by the Los Angeles Superior Court that is presiding over four of the U.S. cases. The Los Angeles Court has set Nov. 3, 2011 for the good faith determination, to assess and confirm the fairness of the settlement to all parties. Full implementation is targeted to occur by the end of 2011. The settlement will not have a material effect on Dole's financial condition, results of operations or cash flows.

Commenting on the agreement, Michael Carter, Dole's Executive Vice President, General Counsel and Corporate Secretary, said: Dole appreciates the commitment by Provost & Umphrey and their clients to resolving this long-standing dispute and looks forward to completing the full implementation of the settlement. The professionalism exemplified by Provost & Umphrey made possible this tremendous accomplishment. This settlement is a business-based solution to this dispute, without any causal connection between DBCP and the plaintiffs allegations. It furthers Doles plan to find possible business-based solutions for all DBCP claims, even though there is no reliable scientific basis for alleged injuries from the agricultural field application of DBCP."