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Cite as: Birmingham v. Mizuno USA, Inc., 5:09-CV-0566 (GTS/GHL), NYLJ 1202489123509, at *1 (NDNY, Decided March 31, 2011)District Judge Glenn T. Suddabyp c
Blood Money Paid by Chiquita Shows Company's Hard Choices
Chiquita Brands International says it had to pay off Colombian terrorists to protect its employees. The Justice Department says the company simply made an "expedient" choice. An exhaustive look at the four-year probe finds that neither side is exactly right. Documents, as well as interviews with attorneys from both sides, paint a portrait of a GC and a company giving in to extortion. It is the stuff of spy thrillers, describing veiled threats of violence, secret payments and an excruciating moral dilemma.The settlement seems like a ray of hope amid the gloom of recent subprime class action dismissals. But there are reasons the $30 million deal doesn't signal the beginning of a settlement trend.
After the magazine distributor Anderson News went into liquidation last year, its biggest remaining asset was antitrust claims against the publishers and wholesalers it blamed for its failure. But alas for Anderson, a Manhattan federal judge didn't think those claims were worth much at all.
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