BLANCO v. AMVAC CHEMICAL CORPORATION

C.A. No. N11C-07-149 JOH.

JOSE RUFINO CANALES BLANCO, Plaintiff, v. AMVAC CHEMICAL CORPORATION; AMVAC, INC.; THE DOW CHEMICAL COMPANY; OCCIDENTAL CHEMICAL CORPORATION; DOLE FOOD COMPANY, INC.; DOLE FRESH FRUIT COMPANY; STANDARD FRUIT COMPANY; STANDARD FRUIT AND STEAMSHIP COMPANY, Defendants.

Superior Court of Delaware, New Castle County.

Date Decided: August 8, 2012.


Attorney(s) appearing for the Case

Donald E. Reid, Esquire , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware; Of Counsel: Michael L. Brem, Esquire , Schirrmeister, Diaz-Arrastia & Brem LLP, Houston, Texas, Attorneys for Defendant Dow Chemical Company.

Somers S. Price, Esquire , Potter, Anderson & Corroon, Wilmington, Delaware; Of Counsel: Andrea E. Neuman, Esquire , Gibson, Dunn & Crutcher LLP, Irvine, California, Attorneys for Defendants Dole Food Company, Inc., Dole Fresh Fruit Company, Standard Fruit Company and Standard Fruit and Steamship Company.

Anthony G. Flynn, Esquire , Timothy Jay Houseal, Esquire , Jennifer M. Kinkus, Esquire , William E. Gamgort, Esquire , Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware; Of Counsel: D. Ferguson McNiel, Esquire , Vinson & Elkins LLP, Houston, Texas, Attorneys for Defendant Occidental Chemical Corporation.

John C. Phillips, Jr., Esquire , Phillips, Goldman & Spence, P.A., Wilmington, Delaware, Attorney for Defendant AMVAC Chemical Corporation.

Michael L. Sensor, Esquire , Perry & Sensor, Wilmington, Delaware; Of Counsel: Jonathan S. Massey, Esquire , Massey & Gail LLP, Washington, D.C., Scott M. Hendler, Esquire , HendlerLaw, P.C., Attorneys for Plaintiff.


HERLIHY, Judge.

In 1993 a number of plaintiffs filed a putative class action claim in a Texas state court alleging personal injuries suffered by workers in various foreign countries due to exposure to a pesticide. Within a short while, the case was removed to a federal court in Texas. Issues then arose concerning federal jurisdiction over one of the defendants, a foreign company, and forum non conveniens. The District Court conditionally dismissed the suit...

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