United States Third Circuit
Mortellite v. Novartis Crop Protection, Inc., 03-3847
Summary judgment against blueberry farmers who filed suit against a pesticide company for damages to their crops is vacated in part where plaintiffs' claims for defective design, defective manufacture, negligent testing, negligent misrepresentation, and fraud were not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Appellate Information
- Argued 01/13/2006
- Decided 08/21/2006
- Published 08/21/2006
Judges
- FUENTES, Circuit Judge., Before FUENTES, ROSENN, and ROTH, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- David C. Frederick (Argued), Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, DC, R.C. Westmoreland, Kathleen F. Beers, Westmoreland, Vesper, Schwartz & Quattrone, West Atlantic City, NJ, Attorneys for Appellants.
- For Appellees:
- John P. Mandler (Argued), Bruce Jones, Kristin R. Eads, Faegre & Benson, LLP, Minneapolis, MN, Robert Machi Morgan, Melhuish, Monaghan, Arvidson, Arbutyn & Lisowski, Livingston, NJ, Attorneys for Appellee.