This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Torts
Defamation
Anti-SLAPP Motion

Dole Food Co. Inc. v. Fredrik Gertten, et al.

Published: Mar. 12, 2011 | Result Date: Nov. 29, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC417435 Bench Decision –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Theodore J. Boutrous Jr.
(Gibson, Dunn & Crutcher LLP)

Scott A. Edelman
(Gibson, Dunn & Crutcher LLP)


Defendant

Randy Merritt

John J. Shaeffer
(Fox Rothschild LLP)

Richard J. Lee

Lincoln D. Bandlow
(Law Offices of Lincoln Bandlow, P.C.)


Facts

Dole Food Co. Inc. filed a lawsuit against Swedish filmmakers Frederick Gertten, Margarete Jangard, and their production company, WG Film for defamation. The filmmakers made a documentary on Dole's treatment of its workers and pesticide use in the film entitled "Bananas!*".

The film portrayed the events surrounding a trial that took place in Los Angeles in which Nicaraguan banana workers sued Dow Chemical and Dole for its use of a pesticide that causes sterility.

Defendants filed an anti-SLAPP motion against the company arguing that the documentary was an exercise of the right of free speech.

Result

A Los Angeles Superior Court judge granted defendants' anti-SLAPP motion and found that the film accurately and fairly portrayed the events. The Court struck the lawsuit with prejudice and ordered Dole to pay attorney fees and costs in the amount of $199,959.25.


#107983

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390