Legal Opinion
Dow Agrosciences LLC v. Bates
Court of Appeals for the Fifth Circuit
Decided June 11, 2003No. 02-10908PublishedCited by 46 opinions
1Opinion of the Court
FELDMAN, District Judge:
Dow Agrosciences LLC sought a declaratory judgment against 29 Texas peanut farmers whom were threatening to sue Dow for damages caused by a Dow-manufactured herbicide. Dow sought, among other things, a judicial declaration that the Federal Insecticide, Fungicide and Roden-ticide Act (FIFRA), 7 U.S.C. § 136 (West 2002), preempts the farmers’ state law claims. The district court denied the farmers’ motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, and granted Dow’s motion for summary judgment,…
2Cases cited22 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- American Tobacco Co., Inc. v. GrinnellTexas Supreme Court · 1997
- Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
- St. Paul Reinsurance Company, Ltd. v. Larry GreenbergCourt of Appeals for the Fifth Circuit · 1998
17 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
- Mut. Pharm. Co. v. BartlettSupreme Court of the United States · 2013
- Sherwin-Williams Co. v. Holmes CountyCourt of Appeals for the Fifth Circuit · 2003
- Mutual Pharmaceutical Co. v. BartlettSupreme Court of the United States · 2013
- Anderson v. State, Department of Natural ResourcesSupreme Court of Minnesota · 2005
41 more not listed; retrieve them via the Exa API.