Products Liability : Pest Control

Products Liability

Products Liability Preemption Debate Awaits New Supreme Court Directive
Thomas G. Scarvie of Sedgwick, Detert, Moran & Arnold LLP

The U.S. Supreme Court will hear a federal preemption case in its 2004-05 term involving the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. ÃÂ§ÃÂ§ 136-137 (FIFRA). The question presented in Bates v. Dow Agrosciences LLC, 03-388, is "[w]hich, if any, state law crop injury claims are preempted FIFRA?"
Supreme Court Limits FIFRA Preemption Defense
Robert L. Hines,Sandra A. Kearney and Scott M. Sellwood of Farella Braun + Martel LLP

The United States Supreme Court last week clarified the preemptive scope of the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA") as applied to common law claims arising from alleged pesticide damage.