Bruce v. ICI Americas, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that there was insufficient evidence that manufacturer exercised control over authorized dealers to lead to agency relationship
• holding that label-based claims for damage to corn crop resulting from pesticide’s failure to control corn rootworms were preempted by FIFRA
• holding limitation not unconscionable where the parties were experienced and sophisticated in the industry
• insufficient control by manufacturer over authorized distributors to create question of material fact regarding existence of principal-agent relationship
• “Because the printed heading and language of the exclusion is in bold, capital letters, the Court finds that a reasonable person should have noticed it”
• “Tf a disclaimer is conspicuous, it is effective so long as the buyer receives the disclaimer and has a reasonable opportunity to read it.’ ”

Source: CourtListener parenthetical corpus (CC0).