Dole Food Company announced late last week it is dropping its defamation claim against the film Bananas!*, an action taken by Dole in response to the anti-SLAPP motion filed by the filmmakers and to growing European outrage over Dole’s lawsuit. While Dole did file a request with the court to dismiss its lawsuit, it has reserved a right to re-file the suit at a later date and has continued its press attacks on the film. Lathrop & Gage attorney Lincoln Bandlow (Business litigation - Los Angeles) serves as the filmmakers' lead attorney in this matter.

In response, firm clients Fredrik Gertten, Margarete Jangard and WG Film have asked the court to dismiss Dole’s lawsuit permanently, determine that it lacked sufficient merit to proceed, and award the filmmakers their costs and expenses in defending Dole’s unfounded claim.

“In announcing its intent to dismiss, Dole continued its unfounded assault on the film by calling it ‘fundamentally flawed’ and maintaining that the film contained ‘many false statements,’” attorney Lincoln Bandlow commented. “Our clients want these meritless accusations to stop and have asked the Court for vindication.” Mr. Bandlow added that he expected the Court to set a hearing date shortly to decide this matter.

A copy of the papers the filmmakers filed with the court today are available for download at http://files.me.com/jshaeffer/dkk69b and at the Bananas!* website, www.bananasthemovie.com.

The documentary tells the story of workers who claimed they were injured by a pesticide while working on a Dole banana plantation in Nicaragua in the 1970s. Plaintiffs against Dole were awarded millions in damages, but by the time the film was screened this past June, Dole argued that the jury's verdict was no longer valid.

Mr. Bandlow practices complex business litigation and specializes in litigating media, first amendment, intellectual property and other entertainment-related matters. Prior to joining the firm, he represented clients in the motion picture, television, publishing, broadcasting and advertising fields. In addition, Mr. Bandlow has represented several of the principal underwriters for the entertainment industry.

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