United States Eighth Circuit

Because plaintiff's negligence, breach of warranty, and failure to warn complaints regarding defendant's pesticide failed to offer any evidence of a design defect unrelated to the label, all claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act.

Appellate Information

• Decided 03/26/2002
• Published 03/26/2002

Judges

• MAGILL, Circuit Judge., Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert J. Feigh, St. Cloud, MN, argued (Christopher W. Harmoning, on the brief), for appellant.


• For Appellees:
  
• Mark J. Carpenter, Minneapolis, MN, argued (Gary W. Callahan, Greeley, CO, on the brief), for appellee.