Defendants Named in Banana Farmer DBCP Exposure Suit Move to Dismiss Claims from Ecuadorian Plaintiffs
February 3, 2021
WILMINGTON, Del. –– Defendants named in personal injury lawsuits filed by foreign banana farm workers have moved for summary judgment, contending that those claims brought by Ecuadorians are time-barred.
In a Jan. 29 brief filed in the U.S. District of Delaware, the defendants argued that because the claims arose in Ecuador, the court correctly ruled that the Borrowing Statute applies to this case.”
“Under Ecuadorian law, Plaintiffs are subject to a four-year prescriptive period that runs from the commission of the Defendant’s ‘act,’” the brief said. “This Ecuadorian prescriptive period is shorter than Delaware’s two-year limitations period because it is …