DAVIDSON v. VELSICOL CHEMICAL CORP.

No. 22464.

834 P.2d 931 (1992)

108 Nev. 591

Ernest DAVIDSON, Darlene Davidson, Individually and as Guardians ad Litem of Sherene Davidson and Ernest Davidson, Jr., their minor children, Appellants, v. VELSICOL CHEMICAL CORPORATION, an Illinois corporation, Respondent.

Supreme Court of Nevada.

Rehearing Denied November 3, 1992.


Attorney(s) appearing for the Case

Johns & Johns, Las Vegas, for Appellants.

Jolley, Urga, Wirth & Woodbury, Las Vegas; and Spriggs & Hollingsworth, Washington, D.C., for Respondent.

Crockett & Myers, Las Vegas; Baron & Budd and Charles S. Siegel, Dallas, Texas; and Arthur Bryant and Priscilla Budeiri, Washington, D.C., for Amicus Curiae Trial Lawyers for Public Justice.

Cory, MacDonald & Van, Las Vegas, for National Pest Control Association.


OPINION

PER CURIAM:

The main issue presented by this appeal is whether the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq. ("FIFRA"), pre-empts state common law actions against the manufacturers of pesticides based on failure to adequately label the pesticides. For the reasons set forth below, we conclude that FIFRA impliedly pre-empts such tort claims.

FACTS

In March of 1986, appellants (...

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