BANANAS!*

July 28, 2009

First Amendment attorney to take on Dole lawsuit

Filed under: News — admin @ 11:35 am

WG Film, Fredrik Gertten and Margarete Jangard, producers of the documentary film BANANAS!*, have retained First Amendment specialist Lincoln Bandlow of Lathrop & Gage to defend a defamation action brought against them by Dole Food Company. 

The Documentary examines global food politics through the vehicle of a Los Angeles civil lawsuit brought by Nicaraguan banana farm workers against Dole. Bandlow says that the filmmakers "will vigorously respond to Dole’s meritless action and will demonstrate that the lawsuit is simply one part of Dole’s overall strategy to stifle debate about an issue of great public importance." 

Bandlow added that the film gives a balanced account of claims that Dole’s use of the pesticide DBCP caused banana workers to become sterile. "The documentary shows both sides of the story, including the tough cross examination of the workers and the later holding by the court that the action was tainted by fraud on the part of some of the workers’ counsel. It is apparent that Dole hopes to leverage the misconduct of certain of the workers’ counsel to stifle the film and, in particular, its discussion of evidence that Dole continued to use DBCP in Nicaragua after being informed by the pesticide’s supplier of its risk to worker health", adds Bandlow.

The film, which to date has been shown only twice at the June 2009 Los Angeles Film Festival, where there was detailed discussion both before and after the running of the film about the controversy over the recent finding of fraud by the workers’ counsel, is scheduled for broader release this fall.  "Dole does not want that release to happen because it wants discussion about its DBCP practices to simply go away. We are confident the court will not allow Dole to use this meritless lawsuit to accomplish that goal", said Bandlow.

 

For information and press enquiries, please contact:
Lincoln Bandlow, Esq.
Phone: +01 310 789 4600
lbandlow@lathropgage.com

 

July 24, 2009

Donate

Filed under: Take Action — admin @ 10:31 am

We need your help! Support the distribution of BANANAS!* and our legal fight against Dole Food Co.

The independent non-proft association Filmmakers’ Freedom of Speech have launched a fund raising campaign for BANANAS!*.

The association has decided to support director Fredrik Gertten, producer Margarete Jangård and our production company WG Film in our legal fight against Dole Food Co.

Read more at their webiste: www.filmmakersfreedomofspeech.com
There you can become a member and donate money via PayPal or via traditional bank transfer.

 

You can also donate money to Filmmaker’s Freedom of Speech directly from this site.

When you click on the button below, you will be redirected to PayPal. There you can pay on the fly using a credit card or log in to an existing PayPal account.

The charge will appear as "Filmmaker’s Freedom of Speech" on your credit card statement.

Thank you for your support!





 


Another way to support BANANAS!* is to buy posters and T-shirts in the BANANAS!* shop »

July 9, 2009

Press room

Filed under: Press — admin @ 12:00 pm

For more information and press enquiries, please contact:
David Magdael & Associates – Los Angeles
Winston Emano, wemano@tcdm-associates.com
David Magdael, dmagdael@tcdm-associates.com
Phone: +1 213 624 7827

Press kit

Timeline about the Dole lawsuit

Fredrik Gertten

Director’s comments

Press kit

Press kit (collected texts)

  • Press kit (PDF)
    Synopsis, Director’s statement, Key subjects, About the filmmakers, Credits,
    Tellez vs. Dole: A Timeline
Press kit

For students

  • Bananas film guide (PDF)
    Film study questions from the Swedish Film Institute.
    Recommended for upper-secondary school.
Bananas stills

Stills from the film

Bananas posters

Posters (for web use)

Bananas logo

Logo

LA photos

Photos from the Los Angeles Film Festival

WG logo

Other

For full press kit, please send a mail to: film@wgfilm.com

Or call our Sweden office:
+46 (0)40 781 50
+46 (0)40 23 20 98

BANANAS!* is getting sued by Dole

Filed under: News — admin @ 10:54 am

July 9, 2009 –  Late Wednesday afternoon,  Fredrik Gertten, Margarete Jangard and WG Film, the filmmaker and producers of the documentary feature film, BANANAS!* were sued by Dole Food Company, Inc. for the screening of the film. The lawsuit claims that the film BANANAS!* – a court room documentary – is defamatory and false toward Dole Food Corporation.

Through their lawyer, Richard J. Lee, Esq. of Lee and Lawless, the filmmakers and WG Film issued a statement.  Richard J. Lee said today: 

"My clients and I believe that this suit is without merit and represents the latest in a continued line of intimidating harassment by a multinational corporation aimed squarely at a small, independent film and its filmmakers.

It is unfortunate that rather than concentrate its resources toward genuinely addressing the acts it admitted to, and was found liable of committing as covered in the film, Dole instead chooses to stifle even basic discussion by attempting to silence the messenger of a message it dislikes.

Moreover, it is appalling that through this action, Dole is attempting to shift the focus away from its own CEO’s court admission that Dole continued the usage of a banned pesticide even after being informed of its harm by its manufacturer Dow Chemicals, and now on to WG Film which captured that moment on film.

It is important to note that Dole committed to suing WG Film without seeing the film.

Dole has touted a judge’s later finding against one of the attorneys in the case shown in the film which did not in fact exonerate Dole or its actions in Nicaragua.

In all screenings of the film which have occurred to date we have disclosed the judge’s findings and put the trial fully in context with events which happened after the completion of this documentary."

Just a few weeks ago, BANANAS!* screened twice out of competition as a special screening at the recent Los Angeles Film Festival.  Dole had sought a court order to block the film’s screening prior to the Festival’s opening in June 2009.

However, Judge Victoria Chaney who presided over that hearing stated to the Dole legal team and the entire courtroom:

“Just so we are clear, I am not in any way going to make, and I will not consider, any request for prior restraint on free speech.  Okay?  So, don’t ask me to go try and contact the film company.  I don’t have jurisdiction over them. But even if I did, don’t ask me for it.” 

BANANAS!* is produced by WG Film  based in Malmö, Sweden, which has also produced notable documentaries including BURMA VJ and FINAL IMAGE.

 


Download the full defamation complaint (PDF) »
Download this press release (PDF) »

July 8, 2009

Video from the panel discussion at LAFF

Filed under: News — admin @ 7:15 pm

A little totally BANANAS!* film from the panel after the second screening at the Los Angeles Film Festival on June 23. Look out, in the end Juan Dominguez’s brother surprises us all with a speech.

In the film you see:
– Michael Donaldson, legal advicer to the festival and panel moderator. Also the writer of the disclaimer.
– Fredrik Gertten, filmmaker.
– Eddie Schmidt, Board President of the International Documentary Association (IDA)
– Audience, no name
– Audience: Carlos M. Dominguez, the brother of Juan Dominguez. Carlos is a high school history and psychology teacher.

 

The BANANAS!* lawsuit

Filed under: Press — admin @ 6:00 pm

July 8, 2009 – Fredrik Gertten, Margarete Jangard and WG Film, the filmmaker and producers of BANANAS!* were sued by Dole Food Company, Inc. for the screening of the film. The lawsuit claims that the film BANANAS!* is defamatory and false toward Dole Food Corporation.

 

September 10, 2009 – attorneys for Fredrik Gertten, Margarete Jangård and WG Film AB filed a Motion to Strike Dole’s Complaint under California’s Anti-SLAPP statute, which allows the court to dismiss meritless lawsuits filed for the purpose of stifling protected speech.

More downloads (separate PDF’s):

In addition to filing an Anti-SLAPP Motion, WG Film AB also filed a Cross-Complaint against Dole, seeking to recover damages for Dole’s improper tactics in interfering with the film’s premiere and its participation in the Los Angeles Film Festival.

 

November 17, 2010 – The Los Angeles Superior Court granted the anti-SLAPP motion, struck Dole’s lawsuit with prejudice and ordered them to pay attorneys fees and costs in the amount of $200,000.

 


Related articles on this site:

BANANAS!* trailer

Filed under: Trailers — admin @ 12:00 pm

Juan “Accidentes” Dominguez is on his biggest case ever. On behalf of twelve Nicaraguan banana workers he is tackling Dole Food Co. in a ground-breaking legal battle for their use of a banned pesticide that sterilized workers. Can he beat the giant, or will the corporation get away with it? In the suspenseful documentary BANANAS!*, filmmaker Fredrik Gertten sheds new light on the global politics of food.

Fredrik interviews Steve Condie

Filed under: Trailers — admin @ 11:45 am

Steve Condie is the lawyer representing the banana workers in the ongoing Tellez vs. Dole case. Fredrik Gertten met him this summer (2010) in Los Angeles inside LA Superiour Court and discussed what’s happening next in the case.

BANANAS!* Graffiti art

Filed under: Trailers — admin @ 11:30 am

Some nice dudes from the streetwear collective Impala, helped us spead the message that BANANAS!* was opening on cinemas in Sweden in October 2009. This is the result on video, in a faster, more effective motion. Although it was good in real-time too. Enjoy!

Thanks to:
Artist: Dan Bengtsson
Camera: Anja Holmström
Editor: Emma Svensson

Panel discussion at LAFF

Filed under: Trailers — admin @ 11:00 am

A film from the panel after the second screening at the LA Film Festival. Look out, in the end Juan Dominguez’s brother appears.

In the film you see:
– Michael Donaldson, legal advicer to the festival and panel moderator.
– Fredrik Gertten, filmmaker.
– Eddie Schmidt, Board President of the International Documentary Association (IDA)
– Audience, no name
– Audience: Carlos M. Dominguez, the brother of Juan Dominguez.

July 3, 2009

New attack from Dole

Filed under: News — admin @ 2:06 pm

After the screenings of BANANAS!* on the Los Angeles Film Festival in June, Dole’s lawyer firm Gibson, Dunn & Crutcher LPP demanded the festival to send them all business records pertaining to BANANAS!*.

We think that this would truly hurt the integrity of the organization, as the supporter of the independent filmmaker, and of free speech.

Below is a letter sent to festival director Dawn Hudson from BANANAS!* director Fredrik Gertten, where he asks the festival not to cede to the demands of the subpoena:

 

July 1, 2009

Dawn Hudson
Executive Director
Film Independent
Los Angeles CA

Dear Dawn Hudson and Film Independent Board of Directors:

RE: Subpoena from Gibson, Dunn & Crutcher LPP dated 13 June 2009

We wanted to express our thanks to you for showing our film BANANAS!* at the recent Los Angeles Film Festival. As we were all under pressure amidst the controversy, we were pleased that you went ahead and screened the film.

We now understand that Dole Food has subpoenaed Film Independent for business records pertaining to our film BANANAS!*. We respectfully urge you to reject this act of blatant intimidation, and ask you to please not assist Dole Foods and their legal representatives in attacking out film and filmmaker team.

To cede to the demands of the subpoena without fighting them would truly hurt the integrity of the organization as the supporter of the independent filmmaker, and of free speech. Further, this could very well set a dangerous precedent in how outside parties handle legal actions toward films presented at the Los Angeles Film Festival and films associated with Film Independent.

As you know Dole attacked the film early on without seeing it. As more professionals and general audiences were able to view the film, many saw Dole’s counter campaign antics clearly as the intimidation tactics that they were and continue to be.

Between both our organization and yours, we collectively have strong contacts in the global, independent production community, and we intend to rally this support for our cause. We would like to talk with you at your earliest opportunity on how we can work together in fighting this subpoena.

Thank you for all your support, and we look forward to moving ahead together to stop these unwarranted attacks on us the filmmakers, and on Film Independent.

Sincerely,
Fredrik Gertten

 


Download the letter in PDF »

July 2, 2009

Sign the filmmakers petition for free speech!

Filed under: Take Action — admin @ 4:04 pm

Before the screening of BANANAS!* in Los Angeles on June 20, a petition was arranged by other filmmakers participating in the festival.

Please continue the list by writing your name and location as a comment below!

 

To:
Rebeca Yeldham
Director of Los Angeles Film Festival, 2009

Dear Rebeca,

We are writing on the behalf of all the directors of this year’s LAFF to support Fredrik Gertten and his film "BANANAS!*".

We strongly feel that as artists one has the right and freedom to show their work despite how others might feel about the content.

Thank you for sustaining the integrity of the Fesitval by showing BANANAS!* tonight.

 

Sincerely,

Sam Fleischner
Ben Chace
Alicia Scherson
Jason Buschman
Hilla Medalia
Henry Bernadet
Myriam Verreault
Gabriel Mascaro
Natalia Almada
Topaz Adizes
Jean-Marie Téno
Celina Murga
Raúl Cuesta
Anais Huerta

Rebeca Méndez
Click image for large version

 

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