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March 13, 2009 |
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ASBESTOS LITIGATION: Chiquita Has 6 Pending Cases in State Court Chiquita Brands International, Inc. faces six asbestos-related cases in various stages of activity in state court, according to the Company's 2008 annual report filed with the Securities and Exchange Commission. Over the last 22 years, a number of claims have been filed against the Company on behalf of merchant seamen or their personal representatives alleging injury or illness from exposure to asbestos while employed as seamen on Company-owned ships at various times from the mid-1940s until the mid-1970s. The claims are based on allegations of negligence and unseaworthiness. In these cases, the Company is typically one of many defendants, including manufacturers and suppliers of products containing asbestos, as well as other ship owners. Over the past 10 years, 25 state court cases have been settled and 40 state court cases have been resolved without any payment. In addition to the state court cases, there are about 5,310 federal court cases that are currently inactive (MARDOC cases). The MARDOC cases are managed under the supervision of the U.S. District Court for the Eastern District of Pennsylvania (Federal Court). In 1996, the Federal Court administratively dismissed all then- pending MARDOC cases without prejudice for failure to provide evidence of asbestos-related disease or exposure to asbestos. Under this order, all MARDOC cases subsequently filed against the Company have also been administratively dismissed. The MARDOC cases are subject to reinstatement by the Federal Court upon a showing of some evidence of asbestos-related disease, exposure to asbestos and service on the Company's ships. While seven MARDOC cases have been reinstated against the Company, one of the cases has been dismissed and there has been little activity in the remaining six reinstated cases to date. Headquartered in Cincinnati, Ohio, Chiquita Brands International, Inc. markets and distributes bananas and other fresh produce sold under the Chiquita and other brand names in more than 90 countries and of packaged salads sold under the Fresh Express and other brand names primarily in the United States. |
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