Dole Cites ‘First Filed’ Rule in Moving to Dismiss More Plaintiffs in DBCP Case

WILMINGTON, Del. — Dole Food Company Inc. (NYSE: DOLE) and affiliate defendants in a pesticide exposure case filed by 2,693 foreign banana plantation workers have moved to dismiss plaintiffs they say “first filed” the same claims in other courts.

Dole said in its Aug. 31 filing in the U.S. District Court for the District of Delaware that the 22 cases are identical to six others dismissed by the court in a companion case Aug. 21.

“Decisions have consequences; one fair bite at the apple is sufficient,” Dole said, quoting from the court’s earlier decision.

The defendant said its investigations have …