Filmmakers fighting back in 'Bananas!*' documentary lawsuit

By Eriq Gardner

Earlier this month, Dole Food Company filed an interesting defamation action against makers of a documentary called "Bananas!*", which features Nicaraguan banana laborers fighting a class action lawsuit against the company.

Dole claimed that filmmaker Fredrik Gertten and others affiliated with the production showed "actual malice" against the food giant by ignoring a court's decision to throw out a $2.5 million punitive award due to fraud on the part of the attorney who represented the plaintiffs.

Now Gertten and fellow producer Margarete Jangard are fighting back, hiring first amendment lawyer Lincoln Bandlow of Lanthrop & Gage to defend them in the court case. Bandlow says he will "demonstrate that the lawsuit is simply one part of Dole's overall strategy to stifle debate about an issue of great public importance.”

We're not aware of any official response to the complaint yet, but if the lawyer is talking about stifling debate, we're guessing Dole will probably face an anti-SLAPP suit.

Bandlow also seems to take issue with Dole's characterization of the film, saying it showed the tough cross examination of the workers and later the holding by the court that the action was tainted by fraud.