United States Third Circuit

In New Jersey blueberry farmers' suit against defendant Novartis Crop Protection, Inc., claiming damage to their crops allegedly caused by use of a pesticide manufactured and distributed by defendant, district court's grant of defendant's motion for summary judgment is affirmed in part, reversed in part and remanded where: 1) plaintiffs' negligent misrepresentation/fraud and New Jersey Consumer Fraud Act (NJCFA) claims are not preempted as these claims are based on alleged misrepresentations in defendant's marketing brochure, and the brochure does not qualify as "labeling" under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); 2) district court's grant of summary judgment as to the negligent misrepresentation/fraud and NJCFA claims as to all plaintiff's except Indian Brand Farms is vacated and remanded as plaintiffs, other than Indian Brand Farms, have tendered prima facie evidence of their reliance on defendant's alleged written misrepresentations; 3) a failure-to-warn claim is not preempted because plaintiffs' failure-to-warn claim, if successful, would not result in a labeling requirement in addition to or different from those required by FIFRA; and 4) there is a genuine issue of material fact with respect to plaintiffs' design defect claim, and thus, summary judgment in defendant's favor was inappropriate.

Appellate Information

• Argued 12/01/2009
• Decided 08/10/2010
• Published 08/10/2010

Judges

• STAPLETON

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Scott K. Attaway, John P. Mandler