Abagninin v. AMVAC Chemical Corp.

07-56326
No description
Final judgment
United States, Central District of California

Farm/rural workers
Akebo Abagninin, Amangoua Abli, Miessan Etienne Abli, Yapo Pierre Aboua, Koffi Antoine Abri, Ampoh Adama, Toure Abry, Haruna Abubakaray, Kroya Aka, Simplice Achiepo
AMVAC Chemical Corp., Dow Chemical, Shell Oil Company, Dole Food Company, Standard Fruit Co.
Raphael Metzger

Civil court
Nematicide, DBCP
Appeal the district court’s dismissal with prejudice of their claims against manufacturers, distributors, and users of the pesticide DBCP for genocide and crimes against humanity.
Court of Appeals for the 9th Circuit of Central District of California, United States

September 24, 2008
Negative
The decision of the district court is affirmed in all respects.

09.24.2008, claims against manufacturers, distributors, and users of the pesticide DBCP for genocide and crimes against humanity under the Alien Tort Statute from an Ivorian national who worked on banana and pineapple plantations are rejected. He alleges that his exposure to DBCP caused his infertility and an abnormally low sperm count. The claim is rejected for failure to allege that AMVAC’s conduct occurred within the context of a State or organizational policy.