Abagninin

Abagninin v. Amvac Chemical Co

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 23, 200807-56326California4,592 words

Opinion

Opinion

I. FACTS AND PROCEEDINGS BELOW

Abagninin is a West African foreign national who has resided and worked on banana and pineapple plantations in the Ivory Coast villages of Kakoukro and Ono. AMVAC is a private business entity that designed, manufactured, or required the use of the agricultural pesticide 1,2 Dibromo-3- Chloropropane (“DBCP”). Abagninin alleges that DBCP exposure caused male sterility and abnormally low sperm counts, and resulted in the prevention of births.

Abagninin alleges that AMVAC knew of DBCP’s toxicity as early as the 1950s, and that by the fall of 1977 the use of DBCP was suspended in the United States. Abagninin further alleges that despite knowing the negative health effects of DBCP, AMVAC continued manufacturing, selling, and using DBCP on the Ivory Coast plantations. Dole Food Company, Inc., through its subsidiary Standard Fruit Company, allegedly entered into partnership agreements with an Ivory Coast gov- ernmental entity known as “Société d’Etat pour le Développe- ment de la Production des Fruitières et Légumes” (“Sodefel”). Sodefel allegedly owned and operated the fruit plantations. Under the alleged partnership agreements, Dole Food would purchase…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.