Sleath v. West Mont Home Health Services, Inc.

¶67 I dissent from the Court’s opinion. We resolved the dispositive issue in this case, whether failure to warn claims — pleaded in negligence, strict liability and breach of express warranty — are preempted by FIFRA, a scant three years ago in McAlpine, holding such claims are preempted to the extent they expressly or implicitly challenge the *19adequacy of the warnings in a pesticide’s label. I would hold that McAlpine is controlling and affirm the District Court.

¶68 Stare decisis, which means to abide by or adhere to decided cases, is of fundamental and central importance to the rule of law.…