“Ecuadoreans Press DC Circ. To Revive DynCorp Chemical Suit,” Law360
April 14, 2014
A group of 2,000 Ecuadoreans urged the D.C. Circuit on Monday to revive their lawsuit alleging government contractor DynCorp International Inc. sprayed harmful herbicides on the Colombia-Ecuador border, saying the trial court never warned them that their claims were in jeopardy during a limited summary judgment proceeding.
According to plaintiffs’ counsel Christian Levesque, U.S. District Court Judge Richard W. Roberts’ summary judgment order only should have applied to the test plaintiffs' negligence and tort claims for acute and chronic injuries related to herbicide exposure rather than the case at large, and the judge was simply “confused” when he expanded the order's scope.