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Lawsuit

DynCorp lawsuit (re Colombia & Ecuador)

Status: OPEN

Incident date
Sept. 11, 2011
Unknown
Location of Filing: United States of America
Location of Incident: Colombia
Type of Litigation: Transnational
Company: Abbott Laboratories
Company Sector: Pharmaceutical
Company Location: United States of America
Company: Alcoa
Company Sector: Metals & steel
Company Location: United States of America
Company: Anglo American
Company Sector: Mining
Company Location: United Kingdom
Company: AES
Company Sector: Energy
Company Location: United States of America
Company: Altria
Company Sector:
Company: Archer Daniels Midland (ADM)
Company Sector: Agriculture & livestock
Company Location: United States of America
Company: Orano (formerly Areva)
Company Sector: Mining, Nuclear energy
Company Location: France
Company: Anglo Platinum (part of Anglo American)
Company Sector: Metals & steel
Company Location: South Africa
Company: A.P. Moller - Maersk Group
Company Sector: Shipping, ship-building & ship-scrapping
Company Location: Denmark
Company: Anadarko (now part of Occidental Petroleum)
Company Sector:
Company Location: United States of America
Company: Arcor
Company Sector: Food & beverage
Company Location: Argentina
Company: AngloGold Ashanti
Company Sector: Mining
Company Location: South Africa
Company: Aegis Defence Services (part of Aegis Group)
Company Sector: Security companies
Company Location: United Kingdom
Company: Aramark
Company Sector: Catering & food services
Company Location: United States of America
Company: Alstom
Company Sector: Diversified/Conglomerates
Company Location: France
Company: Aeroméxico
Company Sector: Aircraft/Airline
Company Location: Mexico
Company: Antamina (joint venture BHP, Glencore, Teck Resources, Mitsubishi Corporation)
Company Sector: Mining
Company Location: Peru
Company: Amazon.com
Company Sector: Clothing & textile, Retail
Company Location: United States of America
Company: adidas
Company Sector: Clothing & textile, Footwear, Retail, Sporting goods
Company Location: Germany
Company: ArmorGroup (part of G4S)
Company Sector:
Company: BHP
Company Sector: Mining
Company Location: Australia
Company: BP
Company Sector: Oil, gas & coal
Company Location: United Kingdom
Company: BAE Systems
Company Sector: Arms/Weapons
Company Location: United Kingdom
Company: BASF
Company Sector: Chemical: General
Company Location: Germany
Company: Boeing
Company Sector: Aircraft/Airline
Company Location: United States of America
Company: Bechtel
Company Sector: Construction
Company Location: United States of America
Company: Bank of America
Company Sector: Finance & banking
Company Location: United States of America
Company: Barclays
Company Sector: Finance & banking
Company Location: United Kingdom
Company: Benetton Group
Company Sector: Clothing & textile
Company Location: Italy
Company: BNP Paribas
Company Sector: Finance & banking
Company Location: France
Company: Burger King
Company Sector: Food & beverage
Company Location: United States of America
Company: Bridas Corporation
Company Sector: Oil, gas & coal
Company Location: Argentina
Company: Black and Veatch
Company Sector: Construction, Auditing, consulting & accounting, Engineering
Company Location: United States of America
Company: Barrick Gold
Company Sector: Mining
Company Location: Canada
Company: Bull (part of Atos)
Company Sector: Technology, telecom & electronics
Company Location: France
Company: Banco do Brasil
Company Sector:
Company Location: Brazil
Company: Banco Espírito Santo
Company Sector: Finance & banking
Company Location: Portugal
Company: Blackwater
Company Sector: Security companies
Company Location: United States of America
Company: Bunge
Company Sector: Agriculture & livestock
Company Location: United States of America
Company: Bayer
Company Sector: Chemical: General
Company Location: Germany
Company: Compañia de Minas Buenaventura
Company Sector: Metals & steel
Company Location: Peru
Company: Biwater
Company Sector: Water companies
Company Location: United Kingdom
Company: Bridgestone-Firestone (part of Bridgestone)
Company Sector:
Company: Banco Itau
Company Sector:
Company: Bavaria (part of AB InBev)
Company Sector: Food & beverage
Company Location: Colombia
Company: Cambior
Company Sector: Mining
Company Location: Canada
Company: Coca-Cola
Company Sector: Food & beverage
Company Location: United States of America
Company: Citigroup
Company Sector: Finance & banking
Company Location: United States of America
Company: Chiquita
Company Sector: Agriculture & livestock
Company Location: United States of America
Company: Creative Associates
Company Sector:
Company Location: United States of America
Company: Cargill
Company Sector: Food & beverage
Company Location: United States of America
Company: Chentex
Company Sector:
Company Location: India
Company: Cemex
Company Sector: Cement
Company Location: Mexico
Company: Codelco
Company Sector: Mining
Company Location: Chile
Company: Computer Sciences (CSC)
Company Sector:
Company Location: United States of America
Company: Carlos Casado (part of Grupo Sanjose)
Company Sector: Agriculture & livestock
Company Location: Argentina
Company: CACI
Company Sector: Military/defence
Company Location: United States of America
Company: Credit Suisse
Company Sector: Finance & banking
Company Location: Switzerland
Company: Correctional Services
Company Sector:
Company Location: United States of America
Company: Coca-Cola FEMSA
Company Sector: Food & beverage
Company Location: Mexico
Company: Chevron
Company Sector: Oil, gas & coal
Company Location: United States of America
Company: Curacao Drydock
Company Sector:
Company: Cape PLC
Company Sector:
Company: Corriente Resources (joint venture Tongling Nonferrous Metals, China Railway Construction Corporation & CRCC-Tongguan Investment)
Company Sector: Construction, Mining
Company Location: China
Company: Cosan Group
Company Sector:
Company: Cementos Argos
Company Sector: Cement
Company Location: Colombia
Company: Cerrejón Coal (joint venture Anglo American, BHP & Glencore)
Company Sector: Oil, gas & coal
Company Location: Colombia
Company: Comisión Federal de Electricidad (CFE)
Company Sector: Hydropower & dam projects
Company Location: Mexico
Company: Copper Mesa Mining
Company Sector:
Company: Cameron International
Company Sector:
Company: DuPont
Company Sector: Chemical: General
Company Location: United States of America
Company: Drummond
Company Sector: Mining
Company Location: United States of America
Company: Dole
Company Sector: Agriculture & livestock
Company Location: United States of America
Company: Deutsche Bank
Company Sector: Finance & banking
Company Location: Germany
Company: Doe Run (part of Renco)
Company Sector: Metals & steel
Company Location: United States of America
Company: Dow Chemical
Company Sector: Chemical: General
Company Location: United States of America
Company: DynCorp
Company Sector: Military/defence
Company Location: United States of America
Company: Daimler AG
Company Sector: Automobile & other motor vehicles
Company Location: Germany
Company: DaimlerChrysler (now Daimler)
Company Sector: Automobile & other motor vehicles
Company Location: Germany
Company: Endesa (part of Enel)
Company Sector: Oil, gas & coal, Energy
Company Location: Italy
Company: ExxonMobil
Company Sector: Oil, gas & coal
Company Location: United States of America
Company: Eastman Kodak
Company Sector: Photographic
Company Location: United States of America
Company: Ecopetrol
Company Sector: Oil, gas & coal
Company Location: Colombia
Company: Enel
Company Sector: Energy
Company Location: Italy
Company: EBX
Company Sector:
Company: EPM (Empresas Públicas de Medellín)
Company Sector: Energy
Company Location: Colombia
Company: Ecuacorriente (part of Corriente Resources)
Company Sector: Mining
Company Location: Ecuador
Company: Freeport-McMoRan
Company Sector: Mining
Company Location: United States of America
Company: Ford
Company Sector: Automobile & other motor vehicles
Company Location: United States of America
Company: Fluor
Company Sector: Construction, Engineering
Company Location: United States of America
Company: Fresh Del Monte Produce
Company Sector: Food & beverage
Company Location: United States of America
Company: Frito-Lay (part of PepsiCo)
Company Sector:
Company: Fomento de Construcciones y Contratas (FCC)
Company Sector: Hydropower & dam projects
Company Location: Spain
Company: Forza (part of Securitas)
Company Sector: Security companies, Technology, telecom & electronics
Company Location: Peru
Company: Fortuna Silver Mines
Company Sector: Mining
Company Location: Canada
Company: General Electric (GE)
Company Sector: Diversified/Conglomerates
Company Location: United States of America
Company: General Motors
Company Sector: Automobile & other motor vehicles
Company Location: United States of America
Company: GlaxoSmithKline
Company Sector: Pharmaceutical
Company Location: United Kingdom
Company: Glencore
Company Sector: Metals & steel, Mining, Oil, gas & coal
Company Location: Switzerland
Company: Gap
Company Sector: Clothing & textile
Company Location: United States of America
Company: Goldman Sachs
Company Sector: Finance & banking
Company Location: United States of America
Company: General Dynamics
Company Sector: Military/defence, Aircraft/Airline
Company Location: United States of America
Company: Grupo México
Company Sector: Construction, Mining, Railroad, Engineering
Company Location: Mexico
Company: Gas Natural
Company Sector: Oil, gas & coal, Energy
Company Location: Spain
Company: Goldcorp (now Newmont)
Company Sector: Mining
Company Location: Canada
Company: Grupo Vicini
Company Sector: Agriculture & livestock
Company Location: Dominican Republic
Company: G4S
Company Sector: Security companies
Company Location: United Kingdom
Company: Halliburton
Company Sector: Diversified/Conglomerates, Military/defence, Oil, gas & coal
Company Location: United States of America
Company: HSBC
Company Sector: Finance & banking
Company Location: United Kingdom
Company: Holcim (part of LafargeHolcim)
Company Sector: Building materials & equipment
Company Location: Switzerland
Company: Heineken
Company Sector: Food & beverage
Company Location: Netherlands
Company: Hudbay Minerals
Company Sector: Mining
Company Location: Canada
Company: IBM
Company Sector: Technology, telecom & electronics
Company Location: United States of America
Company: ISS
Company Sector: Cleaning & maintenance
Company Location: Denmark
Company: Inditex
Company Sector: Clothing & textile
Company Location: Spain
Company: Isagen (part of Brookfield)
Company Sector: Energy
Company Location: Colombia
Company: Infinito Gold
Company Sector: Mining
Company Location: Canada
Company: Jeppesen (part of Boeing)
Company Sector:
Company: KFC (part of YUM!)
Company Sector:
Company: Kinross Gold
Company Sector: Mining
Company Location: Canada
Company: Kraft Foods (now Kraft Heinz)
Company Sector: Food & beverage
Company Location: United States of America
Company: Lafarge (part of LafargeHolcim)
Company Sector: Building materials & equipment
Company Location: Switzerland
Company: Lockheed Martin
Company Sector: Arms/Weapons
Company Location: United States of America
Company: La Nación
Company Sector: Newsagents, Media & publishing: General
Company Location: Argentina
Company: L-3 Communications
Company Sector: Technology, telecom & electronics
Company Location: United States of America
Company: L-3 Titan (part of L-3 Communications)
Company Sector: Technology, telecom & electronics
Company Location: United States of America
Company: La Caixa
Company Sector: Finance & banking
Company Location: Spain
Company: Mitsubishi Group
Company Sector: Food & beverage, Chemical: General, Electrical appliance, Finance & banking, Mining, Technology, telecom & electronics, Transport: General
Company Location: Japan
Company: McDonald's
Company Sector: Food & beverage
Company Location: United States of America
Company: Monsanto (part of Bayer)
Company Sector: Agriculture & livestock
Company Location: United States of America
Company: Menlo Logistics
Company Sector:
Company Location: United States of America
Company: Meteoric Tactical Solutions
Company Sector: Security companies
Company Location: South Africa
Company: MCI (part of Verizon)
Company Sector: Technology, telecom & electronics
Company Location: United States of America
Company: Military Professional Resources Inc (MPRI, part of L-3 Communications)
Company Sector:
Company: Minera Yanacocha (joint venture Newmont, Sumitomo & Compañía de Minas Buenaventura)
Company Sector: Metals & steel, Mining
Company Location: Peru
Company: Mercedes-Benz (part of Daimler)
Company Sector: Automobile & other motor vehicles
Company Location: Germany
Company: Monterrico Metals (part of Zijin)
Company Sector: Mining
Company Location: United Kingdom
Company: Muriel Mining
Company Sector: Mining
Company Location: Colombia
Company: Nestlé
Company Sector: Food & beverage
Company Location: Switzerland
Company: Nike
Company Sector: Clothing & textile, Footwear
Company Location: United States of America
Company: Newmont (formerly Newmont Goldcorp)
Company Sector: Mining
Company Location: United States of America
Company: Northern Foods
Company Sector: Food & beverage
Company Location: United Kingdom
Company: New Balance
Company Sector: Clothing & textile
Company Location: United States of America
Company: Nicaragua Sugar Estates Limited (NSEL)
Company Sector: Sugar
Company Location: Nicaragua
Company: Nidera
Company Sector:
Company: Occidental Petroleum
Company Sector: Oil, gas & coal
Company Location: United States of America
Company: PepsiCo
Company Sector: Food & beverage
Company Location: United States of America
Company: Pfizer
Company Sector: Pharmaceutical
Company Location: United States of America
Company: PricewaterhouseCoopers
Company Sector: Auditing, consulting & accounting
Company Location: United Kingdom
Company: Parsons
Company Sector: Construction, Engineering
Company Location: United States of America
Company: PVH (Phillips-Van Heusen)
Company Sector: Clothing & textile
Company Location: United States of America
Company: Philip Morris USA (part of Altria)
Company Sector:
Company Location: United States of America
Company: Petroecuador
Company Sector: Oil, gas & coal
Company Location: Ecuador
Company: Petrobras
Company Sector: Oil, gas & coal
Company Location: Brazil
Company: PDVSA (Petróleos de Venezuela)
Company Sector: Oil, gas & coal
Company Location: Venezuela
Company: Pluspetrol
Company Sector: Oil, gas & coal
Company Location: Argentina
Company: Paladin Energy
Company Sector: Energy
Company Location: Australia
Company: Pacific Rim Mining
Company Sector: Mining
Company Location: Canada
Company: Phelps Dodge (part of Freeport-McMoRan)
Company Sector:
Company: Petroperú
Company Sector: Oil, gas & coal
Company Location: Peru
Company: PGGM
Company Sector: Finance & banking
Company Location: Netherlands
Company: Rio Tinto
Company Sector: Mining
Company Location: United Kingdom
Company: Renco
Company Sector:
Company Location: United States of America
Company: Refinor
Company Sector: Mining, Oil, gas & coal
Company Location: Argentina
Company: Rio Blanco Copper (part of Xiamen Zijin Tongguan Investment Development Corporation, part of Zijin Mining Group, Tongling Non-Ferrous Metals Group Holding Co. Ltd. y Xiamen C&D Coperation Ltd.)
Company Sector: Mining
Company Location: Peru
Company: Radius Gold
Company Sector: Mining
Company Location: Canada
Company: Research Triangle Institute (RTI)
Company Sector:
Company Location: United States of America
Company: Royal Dutch Shell (Shell)
Company Sector: Oil, gas & coal
Company Location: Netherlands
Company: SABMiller (part of Anheuser-Busch InBev)
Company Sector: Food & beverage
Company Location: United Kingdom
Company: Syngenta
Company Sector: Chemical: General
Company Location: Switzerland
Company: Standard Chartered
Company Sector: Finance & banking
Company Location: United Kingdom
Company: Santander
Company Sector: Finance & banking
Company Location: Spain
Company: Swiss Re
Company Sector: Insurance
Company Location: Switzerland
Company: Southern Cross
Company Sector:
Company: SNCF (Société Nationale des Chemins de Fer)
Company Sector:
Company Location: France
Company: Sterlite Industries (part of Vedanta Resources)
Company Sector: Mining
Company Location: India
Company: Severstal
Company Sector: Metals & steel
Company Location: Russia
Company: Seaboard
Company Sector: Agriculture & livestock, Bioenergy, Food & beverage, Sugar, Freight handling, Shipping, ship-building & ship-scrapping, Energy
Company Location: Argentina
Company: Securitas AB Group
Company Sector: Security companies
Company Location: Sweden
Company: Sodexo
Company Sector:
Company: Southern Copper (part of Grupo México)
Company Sector: Mining
Company Location: United States of America
Company: Talisman (part of Repsol)
Company Sector: Oil, gas & coal
Company Location: Canada
Company: Tate & Lyle
Company Sector:
Company: Teck Resources
Company Sector: Mining
Company Location: Canada
Company: Total
Company Sector: Oil, gas & coal
Company Location: France
Company: Telefónica
Company Sector: Technology, telecom & electronics
Company Location: Spain
Company: Triple Canopy
Company Sector: Security companies
Company Location: United States of America
Company: Trafigura Beheer
Company Sector: Oil, gas & coal
Company Location: Netherlands
Company: Texaco (part of Chevron)
Company Sector:
Company: Telmex (Teléfonos de México)
Company Sector: Internet & social media, Technology, telecom & electronics
Company Location: Mexico
Company: Titan (now L-3 Titan)
Company Sector:
Company: UBS
Company Sector: Finance & banking
Company Location: Switzerland
Company: Union Carbide (part of Dow)
Company Sector: Chemical: General
Company: United Technologies
Company Sector: Diversified/Conglomerates
Company Location: United States of America
Company: Unocal (part of Chevron)
Company Sector:
Company: Unity Resources Group
Company Sector: Security companies, Aircraft/Airline
Company Location: United Arab Emirates
Company: Veolia (formerly Vivendi Environnement)
Company Sector: Energy, Waste disposal, Water companies
Company Location: France
Company: VF Corporation
Company Sector: Clothing & textile
Company Location: United States of America
Company: Vestas Wind Systems
Company Sector: Energy, Wind energy
Company Location: Denmark
Company: Vedanta Resources
Company Sector: Metals & steel, Oil, gas & coal
Company Location: United Kingdom
Company: Vale
Company Sector: Metals & steel, Mining
Company Location: Brazil
Company: Walt Disney
Company Sector: Entertainment
Company Location: United States of America
Company: Westinghouse
Company Sector:
Company: Walmart
Company Sector: Retail
Company Location: United States of America
Company: Washington Group
Company Sector:
Company: WorldCom (now MCI)
Company Sector:
Company: Xstrata (part of Glencore)
Company Sector: Mining
Company Location: Switzerland
Company: Xe (formerly Blackwater)
Company Sector:
Company: YUM!
Company Sector: Food & beverage
Company Location: United States of America
Company: Yahoo! (part of Verizon)
Company Sector: Internet & social media
Company Location: United States of America
Company: Zara (part of Inditex)
Company Sector:
Company Location: Spain
Company: Zijin
Company Sector: Metals & steel, Mining
Company Location: China
Company: Maple Energy
Company Sector: Oil, gas & coal
Company Location: United States of America
Company: Global CST
Company Sector:
Company: Transocean
Company Sector: Oil, gas & coal
Company Location: Switzerland
Company: Consórcio Norte Energia
Company Sector: Hydropower & dam projects, Energy
Company Location: Brazil
Company: Grupo Eulen
Company Sector: Security companies
Company Location: Spain
Company: Philip Morris International
Company Sector: Tobacco
Company Location: United States of America
Company: Excellon Resources
Company Sector: Mining
Company Location: Canada
Company: Tutor Perini
Company Sector: Construction
Company Location: United States of America
Company: Piedra del Águila
Company Sector: Oil, gas & coal
Company Location: Argentina
Company: Global Horizons
Company Sector:
Company: Pacific Exploration & Production (Now Frontera Energy)
Company Sector: Oil, gas & coal
Company Location: Canada
Company: Nexa Technologies (formerly AMESys (Advanced Middle East Systems)/Amesys (part of Bull))
Company Sector: Technology, telecom & electronics
Company Location: France
Company: MPX (part of EBX)
Company Sector: Oil, gas & coal
Company Location: Brazil
Company: Gran Colombia Gold
Company Sector: Mining
Company Location: Colombia
Company: Academi (formerly Blackwater)
Company Sector:
Company: Tahoe Resources (part of Pan American Silver)
Company Sector: Mining
Company Location: United States of America
Company: Prodeco (part of Glencore)
Company Sector:
Company Location: Colombia
Company: Emgesa (part of Endesa)
Company Sector: Energy
Company Location: Colombia
Company: First Majestic Silver
Company Sector: Mining
Company Location: Canada
Company: Esmor Correctional Services (part of Correctional Services Corporation)
Company Sector:
Company: Eco Oro Minerals (formerly Greystar Resources)
Company Sector: Mining
Company Location: Canada
Company: CaixaBank (part of La Caixa)
Company Sector: Finance & banking
Company Location: Spain
Company: Gibson, Dunn & Crutcher
Company Sector: Law firms
Company Location: United States of America
Company: American Sugar Refining
Company Sector:
Company: MAG Silver
Company Sector: Mining
Company Location: Canada
Company: Mareña Renovables (joint venture Macquarie, Mitsubishi Corp. & PGGM)
Company Sector: Energy
Company Location: Mexico
Company: Minera Cuzcatlan (part of Fortuna Silver)
Company Sector: Mining
Company Location: Mexico
Company: APM Terminals (part of A.P. Moller - Maersk)
Company Sector: Freight handling
Company Location: Denmark
Company: Engility (formerly part of L-3 Communications)
Company Sector:
Company: Saracen Intl.
Company Sector:
Company: Sterling Corporate Services
Company Sector: Security companies
Company Location: United Arab Emirates
Company: Kappes, Cassiday & Associates
Company Sector: Mining
Company Location: United States of America
Company: Grupo Pellas
Company Sector: Mining
Company Location: Nicaragua
Company: Minera Real Bonanza (part of First Majestic Silver)
Company Sector: Mining
Company Location: Mexico
Company: Hidro Santa Cruz (part of Hidralia Energía)
Company Sector: Hydropower & dam projects, Energy
Company Location: Guatemala
Company: Blue Mountain
Company Sector: Security companies
Company Location: United Kingdom
Company: Grupo Sanjose
Company Sector: Agriculture & livestock, Clothing & textile, Diversified/Conglomerates, Construction, Health care, Engineering, Property development, Property management, Energy
Company Location: Spain
Company: InverCaixa (part of La Caixa)
Company Sector: Finance & banking
Company Location: Spain
Company: Veolia Transport (now Transdev)
Company Sector:
Company Location: France
Company: Banco Castilla-La Mancha (CCM)
Company Sector: Finance & banking
Company Location: Spain
Company: Repsol
Company Sector: Oil, gas & coal
Company Location: Spain
Company: YPF
Company Sector: Oil, gas & coal
Company Location: Argentina
Company: Tate & Lyle Sugars (part of American Sugar Refining)
Company Sector: Sugar
Company Location: United Kingdom

Sources

In September 2001, a group of Ecuadorian farmers filed a class-action lawsuit in the US against DynCorp, a contractor hired by the US and Colombian governments to aerially spray coca and poppy plants with herbicide in an effort to combat the production of illicit drugs. The class-action lawsuit grew to include 2000 farmers and their families and alleges that DynCorp sprayed the herbicide in a reckless manner, causing severe health problems and the destruction of food crops. The case is ongoing.

DynCorp is a contractor under “Plan Colombia” – a programme of the Colombian and US Governments to combat production of illicit drugs – hired to aerially spray coca and poppy plants with herbicide in parts of Colombia.  Some Ecuadorian farmers from areas bordering Colombia allege that they were affected by this aerial spraying of the herbicide glyphosate because DynCorp also sprayed sections of Ecuador bordering Colombia. 

In September 2001, a group of these farmers filed a class-action lawsuit against DynCorp under the Alien Tort Claims Act (ATCA), the Torture Victim Protection Act and state law claims in US federal court in the District of Columbia.  The plaintiffs claimed that from January to February 2001 DynCorp sprayed the herbicide almost daily, in a reckless manner, causing severe health problems (high fever, vomiting, diarrhea, dermatological problems) and the destruction of food crops and livestock of approximately 10,000 residents of the border region.  In addition, the plaintiffs alleged that the toxicity of the fumigant caused the deaths of four infants in this region.  The plaintiffs alleged under ATCA that DynCorp’s intensive aerial spraying of a toxic fumigant amounted to torture, a crime against humanity and cultural genocide. 

DynCorp moved to dismiss the case, arguing that it raised nonjusticiable questions of foreign and national security policy.  DynCorp also argued that the plaintiffs’ claims of violations of international law were based on actions by DynCorp that were expressly authorised by the US Congress under Plan Colombia.  In May 2007, the district court granted DynCorp’s motion to dismiss the plaintiffs’ claims under the Torture Victim Protection Act, but ordered that the balance of the plaintiffs’ claims should stand.  The court found that the case did not raise nonjusticiable questions because the action did not call into question US foreign policy in Colombia.  The court also found that the claims raised by the plaintiffs were outside the scope of the Congressional authorisation of DynCorp’s contract. 

In 2009, the plaintiffs requested that DynCorp is compelled to disclose flight location data of operations conducted next to the Ecuadorean border.  They argued the flight data would corroborate eyewitness accounts of “Plan Colombia” spray planes entering Ecuador.   On 30 April 2010, the court issued an order compelling production of documents with DynCorp’s non-spray flight line.  The company appealed, arguing that the security risks stemming from releasing the information outweighed the data’s relevance to plaintiffs’ case.  On 23 April 2012, the court dismissed DynCorp’s request stating the non-spray data was potentially useful to the plaintiffs’ case.  In February 2013 the court ruled in favour of DynCorp and dismissed the case finding that the evidence presented was not sufficient to prove the injuries claimed by the plaintiffs.  The plaintiffs appealed the dismissal and achieved a partial reversal.  An appeals court remanded the case back to the lower court on the claims of battery, nuisance and emotional distress.  The court decided to permit the claims of 20 selected test plaintiffs to proceed to trial, but the rulings would not bind the 2000+ plaintiffs alleging exposure to the chemical as the allegations are specific to each individual.  After a 19 October 2016 status conference, a federal judge allowed 6 test plaintiffs' battery and emotional distress (IIED) claims to proceed to trial.  On 3 April 2017, the case went to jury trial in the US District Court of District of Colombia on behalf of the 2000+ victims.  The same month, the jury found DynCorp responsible for subcontractors who carried out chemical spraying in Colombia but rejects damages payout for Ecuadorian farmers.

In December 2006, 1660 citizens of the Ecuadorian provinces of Esmeraldas and Sucumbios who were not part of the class-action lawsuit described above filed a separate lawsuit against DynCorp in US federal court in Florida.  The provinces of Carchi, Esmeraldas and Sucumbios also sued DynCorp in Florida federal court over the spraying, in lawsuits filed in December 2006, and March and April 2007.  The plaintiffs in these four cases allege that DynCorp’s spraying of fumigants injured the residents of these provinces, for which they are bringing claims under Florida state law, Ecuadorian law and international law.

- [video] "Dyncorp's 'strategic' defense in drug crop spraying suit", Bloomberg Law, 14 May 2013
- "DynCorp dodges Ecuadoreans Chemical-Exposure suit", Gavin Broady, Law360, 6 Mar 2013
- "Discovery Spat Resolved in Alien Tort Case Over 'Plan Colombia'", Ross Todd, Litigation Daily [USA], 26 Apr 2012
- “DynCorp International: Faces Lawsuit in DC Over ‘Plan Colombia’”, Class Action Reporter, 17 Jan 2006
- “Farmers Fight DynCorp's Chemwar on the Amazon”, Jeffrey St. Clair and Alexander Cockburn, Counterpunch, 27 Feb 2002
- “Ecuadorians File U.S. Suit Over Plan Colombia”, Danielle Knight, Inter Press Service, 24 Sep 2001

DynCorp International 
DynCorp International Again Wins State Department Contract for Narcotics Eradication and Interdiction, 19 May 2005

International Rights Advocates [co-counsel for plaintiffs]
Dyncorp - Case Summary

- US Dept of State, Bureau of International Narcotics & Law Enforcement Affairs: Aerial Eradication of Illicit Coca in Colombia [links to annual State Dept reports on this subject]

US District Court for District of Columbia, Arias v. DynCorp 

- [PDF] Memorandum Opinion re disclosure of documents, 24 Apr 2012
- [PDF] Memorandum Opinion and Order, 21 May 2007
- [PDF] Defendant’s Motion to Dismiss, 7 Jan 2002
- [DOC] Class Action Complaint, 11 Sep 2001
- [PDF] Earthrights International amicus brief, 9 Mar 2002

The aerial spraying of fumigants has also resulted in a diplomatic dispute between the Governments of Ecuador and Colombia.

- [PDF] Aerial spraying knows no borders: Ecuador brings international case over aerial spraying, Transnational Institute, Drug Policy Briefing, Sep 2005
- Organization of American States: At OAS, Ecuador Presents Complaint About Colombia’s Aerial Spraying of Herbicides Along Border, 9 Jan 2007
- Interamerican Association for Environmental Defense: Plan Colombia: Legal Violations and Court Cases, [links to decisions regarding domestic Colombian and Ecuadorian legal challenges to the aerial spraying under Plan Colombia]

Case Timeline

Case Timeline