Higgins v. Monsanto Co.

ELR Citation: ELR 20391
No(s). 92-CV-158 (N.D.N.Y. Sep 26, 1994)

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts breach of implied warranty claims, but does not preempt claims for negligent failure to conduct adequate teesting, negligent failure to comply with FIFRA, breach of express warranty, or strict liability in ...