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William A. Ruskin: No FIFRA Preemption, No Problem!

By William A. Ruskin In Gresser v. Dow Chemical Co ., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [ enhanced version available to lexis.com subscribers ], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses after a purported exposure to Dursban TC in...

William A. Ruskin: Court Holds Spicy Meatball, Not Pesticide, Caused Plaintiff's Illness

By William A. Ruskin In an Opinion and Order, dated May 31, 2013, the Hon. Sandra J. Feuerstein granted summary judgment to a defendant pesticide manufacturer after determining that plaintiff''s expert failed to meet the reliability requirements of Rule 702 and Daubert, in Mallozzi v. EcoSMART...

Court Holds Spicy Meatball, Not Pesticide, Caused Plaintiff's Illness

By William A. Ruskin In an Opinion and Order, dated May 31, 2013, the Hon. Sandra J. Feuerstein granted summary judgment to a defendant pesticide manufacturer after determining that plaintiff''s expert failed to meet the reliability requirements of Rule 702 and Daubert, in Mallozzi v. EcoSMART...