Rice v. Dow Chemical Co.

Plaintiffs appeal from two summary judgment orders, ultimately dismissing their personal injury claims against Defendant, Dow Chemical Company (Dow). The trial court granted the separate summary judgment motions on the grounds that: (1) the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq., preempts state law tort claims to the extent that they are based on failure to warn; and (2) Oregon law applies to this action and under the applicable Oregon statutes of limitation and repose, Plaintiffs’ entire action is barred or extinguished. We hold that Plaintiffs’…