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· 9/25/1996

Robert B. Grenier v. Vermont Log Buildings, Inc., Third-Party v. Dap, Inc. And Champion International Corp., Third-Party

Citations

  • 96 F.3d 559
  • 30 U.C.C. Rep. Serv. 2d (West) 769
  • 27 Envtl. L. Rep. (Envtl. Law Inst.) 20209
  • 43 ERC (BNA) 1565
  • 1996 U.S. App. LEXIS 24916
  • 1996 WL 534903

How courts have described this case

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

  • stating that, under Celotex, “it would take very little in the way of a negative averment at the summary judgment stage to require [the nonmovant who bears the burden of proof at trial] to identify its evidence”
  • finding failure-to-warn claims preempted under Federal Insecticide, Fungicide, and Rodentieide Act because plaintiff failed “to set forth a coherent specific claim” that was not based on the preempted realm of labeling or packaging
  • finding failure-to-warn claims preempted under Federal Insecticide, Fungicide, and Rodenticide Act because plaintiff failed \to set forth a coherent specific claim\ that was not based on the preempted realm of labeling or packaging
  • finding failure-to-warn claims preempted under Federal Insecticide, Fungicide, and Rodenticide Act because plaintiff failed \to set forth a coherent specific claim\ that was not based on the preempted realm of labeling or packaging
  • “It was once an open question, but is now settled by the Supreme Court ... that ‘requirements’ ... presumptively includes state causes of action as well as laws and regulations.”
  • “[I]t is now settled by the Supreme Court in Cipollone and [Medtronic ], that ‘requirements’ in this context presumptively includes state causes of action as well as laws and regulations.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Boudin, Stahl

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Sourced from CourtListener / Free Law Project (CC0).

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