IN RE: CHIQUITA BRANDS INTERNATIONAL, INC.

No. 19-11494.

965 F.3d 1238 (2020)

IN RE: CHIQUITA BRANDS INTERNATIONAL, INC. Alien Tort Statute and Shareholder Derivative Litigation. Antonio Gonzalez Carrizosa, Julie Ester Durango Higita, Liliana Maria Cardona, Maria Patricia Rodriguez, Ana Francisca Palac Moreno, et. Al., Plaintiffs-Appellants, v. Chiquita Brands International, Inc., an Ohio Corporation, Chiquita Fresh North America LLC, a Delaware corporation, Defendants-Appellees. Roderick Hills, et. Al., Defendants. John Doe I, individually and as representative of his deceased father John Doe 2, Jane Doe 1, individually and as representative of her deceased mother Jane Doe 2, John Doe 3, individually and as representative of his deceased brother John Doe 4, Jane Doe 3, individually and as representative of her deceased husband John Doe 5, Minor Does #1-4, by and through their guardian John Doe 6, individually and as representative of their deceased mother Jane Doe 4, John Doe 7, individually and as representative of his deceased son John Doe 8, Jane Doe 6, Jane Doe 5, Jane Doe 7, et. Al., Plaintiffs-Appellants, v. Chiquita Brands International, Inc., Defendant-Appellee. Moe Corporations 1-10, et. Al., Defendants. Jane/John Does (1-144), as Legal Heirs to Peter Does 1-144, et. Al., Plaintiffs-Appellants, v. Chiquita Brands International, Inc., Defendant-Appellee. David Does 1-10, et. Al., Defendants. Jose Leonardo Lopez Valencia, et. Al., Plaintiffs-Appellants, v. Chiquita Brands International, Inc., a New Jersey corporation, Defendant-Appellee. Moe Corporations 1-10, et. Al., Defendants. Does, 1-11, Plaintiffs-Appellants, v. Carla A. Hills, Personal Representative of the Estate of Roderick M. Hills, Defendant. John Doe #1, et. Al., individually and as representative of his deceased father John Doe 2, Plaintiffs-Appellants, v. Chiquita Brands International, Inc. a New Jersey corporation, Defendant-Appellee. Moe Corporations 1-10, et. Al., Defendants.

United States Court of Appeals, Eleventh Circuit.

July 16, 2020.


Attorney(s) appearing for the Case

John Scarola , Searcy Denney Scarola Barnhart & Shipley, PA, West Palm Beach, FL, James Kellogg Green , James K. Green, PA, West Palm Beach, FL, for Plaintiffs-Appellants Antonio Gonzalez Carrizosa, Julie Ester Durango Higita, Liliana Maria Cardona, Maria Patricia Rodriguez, Ana Francisca Palac Moreno, Jose Lopez 339.

John Scarola , Searcy Denney Scarola Barnhart & Shipley, PA, West Palm Beach, FL, James Kellogg Green , James K. Green, PA, West Palm Beach, FL, Marco Benjamin Simons , Earth Rights International, Washington, DC, for Plaintiffs-Appellants John Doe, I, Jane Doe 1, John Doe #3, Jane Doe, Minor Does #1-4, John Doe #7.

John Scarola , Searcy Denney Scarola Barnhart & Shipley, PA, West Palm Beach, FL, Terrence Patrick Collingsworth , International Rights Advocates, Washington, DC, James Kellogg Green , James K. Green, PA, West Palm Beach, FL, William R. Scherer, III , Scherer & Marx, PLLC, Fort Lauderdale, FL, for Plaintiffs-Appellants Jane or John Doe.

Michael L. Cioffi , Trial Attorney, Kevin Michael Bandy , Thomas H. Stewart , Blank Rome, LLP, Cincinnati, OH, James Copley Gavigan, Jr. , Sidney A. Stubbs, Jr. , Jones Foster Johnston & Stubbs, PA, West Palm Beach, FL, Jonathan M. Sperling , Covington & Burling, LLP, Washington, DC, Anthony R. Yanez , Blank Rome, LLP, FT Lauderdale, FL for Defendant-Appellee Chiquita Brands International, Inc.

Jonathan M. Sperling , Covington & Burling, LLP, Washington, DC, Sidney A. Stubbs, Jr. , Jones Foster Johnston & Stubbs, PA, West Palm Beach, FL, for Defendant-Appellee Chiquita Fresh North America LLC.

Before WILSON, MARCUS, and BUSH, Circuit Judges.


A lawsuit is a public event. Parties who ask a court to resolve a dispute must typically walk in the public eye. District courts, acting within their discretion, can grant exception from this rule. But it is rare for a district court to grant privacy protections for a party. It is even rarer for a district court to abuse its discretion when...

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