Sunday, March 1, 2015

In December 2006, 1660 citizens of the Ecuadorian provinces of Esmeraldas and Sucumbios who were not


DynCorp is a contractor under Plan Colombia a programme of the Colombian and US Governments to combat production of illicit drugs hired to aerially spray coca and poppy plants with herbicide in parts of Colombia. Some Ecuadorian farmers from areas bordering Colombia allege that they were affected by this aerial spraying of the herbicide glyphosate because DynCorp also sprayed sections of Ecuador bordering Colombia. In September 2001, a group of these farmers filed a class-action lawsuit against DynCorp under the Alien Tort Claims Act (ATCA), the Torture Victim Protection Act and state law claims in US federal court in the District uei jobs of Columbia. The plaintiffs claimed that from January to February 2001 DynCorp sprayed uei jobs the herbicide almost daily, in a reckless manner, causing severe health problems (high fever, vomiting, diarrhea, dermatological uei jobs problems) and the destruction of food crops and livestock of approximately 10,000 residents of the border region. In addition, the plaintiffs alleged that the toxicity of the fumigant uei jobs caused the deaths of four infants in this region. The plaintiffs alleged under ATCA that DynCorp s intensive aerial spraying of a toxic fumigant uei jobs amounted to torture, a crime against humanity and cultural genocide. DynCorp moved to dismiss the case, arguing that it raised nonjusticiable questions of foreign and national security policy. DynCorp also argued that the plaintiffs claims of violations of international law were based on actions by DynCorp that were expressly authorised by the US Congress under Plan Colombia. In May 2007, the district court granted DynCorp s motion to dismiss the plaintiffs claims under the Torture Victim Protection Act, but ordered that the balance of the plaintiffs uei jobs claims should stand. The court found that the case did not raise nonjusticiable questions because the action did not call into question US foreign policy in Colombia. The court also found that the claims raised by the plaintiffs were outside the scope of the Congressional authorisation of DynCorp s contract. In 2009, the plaintiffs requested that DynCorp is compelled to disclose flight location data of operations conducted next to the Ecuadorean border. They argued the flight data would corroborate eyewitness accounts of Plan Colombia spray planes entering Ecuador. uei jobs On 30 April 2010, the court issued an order compelling production of documents with DynCorp s non-spray flight line. The company uei jobs appealed, arguing that the security risks stemming from releasing the information outweighed the data s relevance to plaintiffs case. On 23 April 2012, the court dismissed DynCorp s request stating the non-spray data was potentially useful to the plaintiffs case. In February uei jobs 2013 the court ruled in favour of DynCorp and dismissed the case finding that the evidence uei jobs presented was not sufficient to prove the injuries claimed by the plaintiffs. uei jobs The plaintiffs plan to appeal this dismissal.
In December 2006, 1660 citizens of the Ecuadorian provinces of Esmeraldas and Sucumbios who were not part of the class-action lawsuit described above filed a separate lawsuit against uei jobs DynCorp in US federal court in Florida. The provinces of Carchi, Esmeraldas and Sucumbios also sued DynCorp in Florida federal court over the spraying, in lawsuits filed in December 2006, and March and April 2007. The plaintiffs in these four cases allege that DynCorp s spraying of fumigants injured the residents of these provinces, uei jobs for which they are bringing claims under Florida state law, Ecuadorian law and international uei jobs law.
- [video] " Dyncorp's 'strategic' defense in drug crop spraying suit ", Bloomberg uei jobs Law, 14 May 2013 - " DynCorp dodges Ecuadoreans Chemical-Exposure suit ", Gavin Broady, Law360, 6 Mar 2013 - " Discovery Spat Resolved in Alien Tort Case Over 'Plan Colombia' uei jobs ", Ross Todd, Litigation Daily [USA], 26 Apr 2012 - DynCorp International: Faces Lawsuit in DC Over Plan Colombia , Class Action Reporter, 17 Jan 2006
- Interamerican Association for Environmental Defense: Plan Colombia: Legal Violations and Court Cases , [links to decisions regarding domestic Colombian and Ecuadorian legal challenges uei jobs to the aerial spraying under Plan Colombia] uei jobs  Get RSS feed of these results All components of this story
A group of Ecuadoreans urged the D.C. Circuit to revive their lawsuit [against] DynCorp International Inc saying the trial court never warned them that their claims were in jeopardy during a limited summary judgment proceeding. [P]laintiffs counsel Christian Levesque [said] U.S. District Court Judge Richard W. Roberts' summary judgment order only should have applied to the test plaintiffs' claims rather than the case at large..."DynCorp never moved for summary judgment against the nontest uei jobs plaintiffs," uei jobs Levesque said [A]ll three appellate judges questioned why the Ecuadorean plaintiffs ran to D.C. Circuit with a massive appeal rather than raising their concerns about the summary judgment uei jobs order'

No comments:

Post a Comment