Legal Opinion

Mann v. H.W. Andersen Products, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided August 10, 1998PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J. P.

In his complaint, the plaintiff seeks to hold the defendant H.W. Andersen Products, Inc. (hereinafter Andersen) liable for physical deformities with which he was born. While pregnant, his mother was employed at the Andersen facility where she allegedly worked directly with, and was exposed to, ethylene oxide, which Andersen used in producing a product known commercially as Anprolene.

The principal question before us is whether and to what extent the plaintiff’s tort causes of action are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (7…

2Cases cited27 opinions

  1. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  2. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  3. Banks v. ICI Americas, Inc.Supreme Court of Georgia · 1994
  4. Kawamata Farms, Inc. v. United Agri ProductsHawaii Supreme Court · 1997
  5. Worm v. American Cyanamid Co.Court of Appeals for the Fourth Circuit · 1993

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3Cited by3 opinions

  1. Eyl v. Ciba-Geigy Corp.Nebraska Supreme Court · 2002
  2. Ruffing v. Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Leighton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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