ELR Citation: ELR 20233
No(s). s. 04-14455, -14506 (11th Cir. Nov 27, 2006)

The court upheld a lower court decision denying a consortium of Florida growers' motions to amend their complaints against a fungicide manufacturer and entering summary judgment against them on their claims of fraudulent settlement, spoliation, and racketeering. The growers alleged that the fungicide was contaminated with a toxic chemical that killed their plants instead of the fungus on their plants. The parties eventually settled the case, but after learning of certain discovery infractions in a related case, the growers filed the instant action. The manufacturer filed a counterclaim for breach of the settlement agreement. The district court did not abuse its discretion in denying the growers' motion to amend as untimely. The growers waited too long to file the motion, and to allow an amendment at this stage of the litigation would prejudice the defendant. In addition, the lower court properly dismissed the growers' fraud, spoliation, and racketeering claims. Florida case law provides absolute immunity from tort claims based on a party's conduct during the course of litigation. And because the growers breached the settlement agreement by filing the instant suit, the lower court properly granted summary judgment in favor of the manufacturer on its breach of contract claim.

[A related decision in this litigation is digested at 30 ELR 20217.]