Wright v. American Cyanamid Co.

McGIVERIN, Chief Justice.

The main question here is whether plaintiff Orville Wright’s claims against defendant American Cyanamid Company, concerning the effectiveness of defendant’s herbicide on certain weeds in plaintiffs farm fields, are preempted by the federal insecticide, fungicide, and rodenticide act (FIFRA), 7 U.S.C. § 136-136y (1994). The district court concluded that plaintiffs claims were preempted, or not supported by evidence, and therefore entered summary judgment in favor of defendant. Upon our review, we affirm.

I. Background facts and proceedings.

Plaintiff Orville Wright is a…