Legal Opinion
Kim Netland v. Hess & Clark, Inc.
Court of Appeals for the Eighth Circuit
Decided May 13, 2002No. 01-2182PublishedCited by 30 opinions
1Opinion of the Court
MAGILL, Circuit Judge.
Kim Netland brings this action against Hess & Clark, Inc. (“Hess”), the manufacturer of the pesticide KenAg Bovinol (“Bo-vinol”), claiming damages for injury resulting from Netland’s use of Bovinol on his horses. The district court 1 granted Hess’s motion for summary judgment holding that Netland’s claims are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq., because they are an impermissible challenge to Bovinol’s label. For the reasons stated below, we affirm.
I
Netland, in the summer of 1994, following his junior year…
2Cases cited12 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Etcheverry v. Tri-Ag Serv., Inc.California Supreme Court · 2000
- Minnesota Citizens Concerned for Life Elizabeth A. Blosser v. Federal Election CommissionCourt of Appeals for the Eighth Circuit · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
- John Doe, a Minor, by His Mother and Next Friend, Jane Doe v. Pulaski County Special School DistrictCourt of Appeals for the Eighth Circuit · 2002
- Dow Agrosciences LLC v. BatesCourt of Appeals for the Fifth Circuit · 2003
- Anderson v. State, Department of Natural ResourcesSupreme Court of Minnesota · 2005
- Eyl v. Ciba-Geigy Corp.Nebraska Supreme Court · 2002
25 more not listed; retrieve them via the Exa API.