Tag Archives Nicaragua

The Ninth Circuit Court of Appeals has imposed a suspension, a formal reprimand and fines on several attorneys who attempted to enforce in U.S. courts a $489 million default judgment entered by a Nicaraguan court against a business entity that did not exist for allegedly exposing hundreds of banana plantation workers to pesticides. In re: Thomas V. Girardi, Esq., Nos. 08-80090, 03-57038 (9th Cir., decided July 13, 2010). The litigation in Nicaragua had been filed against “Dole Food Corporation” and “Shell Oil Company,” but should instead have named “Dole Food Company” and “Shell Chemical Company.” According to the court, “In a high-stakes gamble to enforce a foreign Judgment of nearly a half billion dollars, Respondents initiated and directed years of litigation against Defendants. Respondents efforts went beyond the use of ‘questionable tactics’—they crossed the line to include the persistent use of known falsehoods.” Those falsehoods included that (i) “Dole Food Company…