Plaintiffs lawyer Scott Hendler
DOVER, Del. (Legal Newsline) – Banana plantation workers who tried to sue in Delaware – despite working in Costa Rica, Ecuador and Panama – have again been told they cannot do so.
The Delaware Supreme Court on Jan. 12 rejected their appeal to a 2013 dismissal of their complaint, finding a motion to vacate that dismissal filed five years after it was too late.
“Not surprisingly, the Superior Court cited the two reasons for the delay offered by the plaintiffs – the burden of the many other DBCP cases counsel was handling and the time and research required to prepare the motion – and found them to be unpersuasive,” says the opinion, authored by Justice James Vaughn.