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United States Eighth Circuit


Junk v. Terminix Int'l. Co., 08-3811

In an action alleging that plaintiff's son's 's multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow Chemical Co., summary judgment for defendants is affirmed in part where the district court determined that plaintiff's expert had not used a "scientifically valid" method to estimate that plaintiff's son's exposure exceeded a safe level. However, the judgment is reversed in part where there was arguably a reasonable basis for predicting that the state law might impose liability based upon the facts involved against an allegedly fraudulently joined individual defendant.

Appellate Information

  • Decided 12/09/2010
  • Published 12/09/2010

Judges

  • Diana C. Murphy

Court

  • United States Eighth Circuit

Counsel

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