Kennan Ex Rel. Kennan v. Dow Chemical Co.

How courts have described this case

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

• holding that claims based on the defectiveness or unreasonable dangerousness of product on theories of defective design or manufacturing flaw were not preempted by FIFRA
• acknowledging that affirmative defenses in defective design case require defendants to demonstrate adequacy of warnings, conceding that such a defense might give rise to preemption, but stating no view as to whether preemption attaches
• \FIFRA expressly preempts state law regulation of pesticide labeling....\
• preemption based on the express language and legislative history
• FIFRA expressly preempts such actions

Source: CourtListener parenthetical corpus (CC0).