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How Nicaragua 's Of Special Law 364 Blocks The Fnc

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In the late 1900s, several Latin American governments, including Nicaragua, began drafting and enacting anti-FNC (forum non conveniens) statues to counter its effects. FNC is a legal doctrine which authorizes a court to reject a foreign plaintiff’s case on grounds that there is a more appropriate and convenient forum, the plaintiff’s home nation’s court. They enacted Special Law 364 to block or counteract the FNC dismissal of cases brought to the United States by former Nicaraguan agricultural banana plantation workers who claimed sterility from exposure to the toxic pesticide dibromochloropropane (DBCP) while working for the Dole Food Company. In Rozencranz and Roblin’s article, Tellez v. Dole: Nicaraguan Banana Workers Confront the U.S. Judicial System, the question of whether impropriety by Judge Victoria Chaney in the writ proceedings and whether an error by the appellate court in analyzing those proceedings took place is raised. This paper will examine how Nicaragua’s enactment of Special Law 364 blocks the FNC and can be called a “significant impetus” fraud that does not comply with international standards for due process. We will also focus on the legal defense strategy that Dole’s attorney’s employed after the Tellez jury verdict and prove how it is aimed to discredit the DBCP plaintiffs; as well as how Judge Chaney facilitated this strategy by disabling the adversarial process which suggests that Judge Chaney’s method of evaluating evidence is indeed flawed and

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