Monique ETCHEVERRY et al., Plaintiffs and Appellants,
v.
TRI-AG Service, Inc., et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
March 2, 2000.
March 2, 2000.
Attorney(s) appearing for the Case
Souza, Coats, McInnis, Mehlhaff & Hay, Mehlhaff & Hay and Robert Mehlhaff, Tracy, for Plaintiffs and Appellants.
The Alexander Law Firm, Richard Alexander, Amanda Hawes, Santa Rosa, Ann Saponara; and Jose Padilla, Los Angeles, for Rural Legal Assistance Foundation and Trinidad Elias as Amici Curiae on behalf of Plaintiffs and Appellants.
Public Citizen Litigation Group, Erica Craven and Allison M. Zieve, Washington, D.C., for Public Citizen, Inc., as Amicus Curiae on behalf of Plaintiffs and Appellants.
Gary S. Guzy; Robert G. Dreher; Jonathan J. Fleuchaus; Lois J. Schiffer; Washington, D.C., Jared A. Goldstein; and Anne R. Traum for the United States as Amicus Curiae on behalf of Plaintiffs and Appellants.
Borton, Petrini & Conron, Bradley A. Post and Samuel L. Phillips, Bakersfield, for Defendants and Respondents Tri-Ag Service, Inc., and Paul Osterlie.
Law Offices of James W. Rushford, Thompson, Meade, Nielsen & Rushford, Rushford & Bonotto, James W. Rushford; Sacramento, Holtzman, Urquhart & Moore, Holtzman & Urquhart, James L. Moore, Jack E. Urquhart, John W. Ghezzi; McKenna & Cuneo, Lawrence S. Ebner, R. Wicks Stephens II, Los Angeles, and J. Lane Tilson for Defendant and Respondent Bayer Corporation.
Barnes & Thornburg, Dean T. Barnhard, Indianapolis, IN.; Haight, Brown & Bonesteel and Lisa L. Oberg, San Francisco, for American Crop Protection Association, RISE, Chemical Producers and Distributors Association, Chemical Manufacturers Association, Chemical Specialties Manufacturers Association and International Sanitary Supply Association as Amici Curiae on behalf of Defendant and Respondent Bayer Corporation.
Susan Liebeler, Malibu; Holland & Hart, Elizabeth R. Jones, Denver, CO.; Daniel J. Pope, Chicago, IL.; and Paul D. Kamenar, Washington, D.C., for Washington Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.
Mayer, Brown & Piatt, Kenneth S. Geller, Alan E. Untereiner and Donald M. Falk, Washington, D.C., for Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendants and Respondents.
Supreme Court of California.
BROWN, J.
The question presented by this case is whether state law claims for failure to warn of the risks of using a pesticide are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq. (FIFRA)).
Unlike the Court of Appeal here, the overwhelming majority of the courts that have considered this question, including eight of the federal circuit courts of appeals, have concluded that state law failure-to-warn claims...
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