DerGazarian v. Dow Chem. Co.
ELR Citation: ELR 20615 No(s). 93-5004 (W.D. Ark. Oct 25, 1993)
The court holds that §136v(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts homeowners' state law tort claims against a pesticide manufacturer for negligent failure to warn or properly label the insecticide, but that FIFRA does not bar claims for failure to use ordinar...