Legal Opinion
Burke v. Dow Chemical Co.
District Court, E.D. New York
Decided July 16, 1992No. CV 90-3344PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge:
The claim is that two children are brain damaged because their mother was exposed to a household insecticide while pregnant with them. Relying on state tort law, the parents sue both the manufacturer of the active ingredient and of the final product. Defendants move for summary judgment on the ground that the suit is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and corresponding regulations. See 7 U.S.C. §§ 136-136y; 40 C.F.R. §§ 152-86 (1990).
FIFRA requires all insecticides to be registered with the federal…
2Cases cited38 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
33 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Kawamata Farms, Inc. v. United Agri ProductsHawaii Supreme Court · 1997
- Jenkins v. Amchem Products, Inc.Supreme Court of Kansas · 1994
- Hamilton v. Accu-TekDistrict Court, E.D. New York · 1996
- Bravman v. Baxter Healthcare Corp.District Court, S.D. New York · 1994
- Bingham v. Terminix International Co.District Court, S.D. Mississippi · 1994
29 more not listed; retrieve them via the Exa API.