Court: Farmers Can Sue Pesticide Makers

[liveoaktx]

http://news.yahoo.com/news?tmpl=story&u=/ap/20050427/ap_on_go_su_co/scotus_pesticide_lawsuit

WASHINGTON - The Supreme Court ruled Wednesday that 29 peanut farmers in Texas can proceed with their lawsuit against Dow Agrosciences after the chemical giant's weed killer unexpectedly destroyed their crops.



The ruling reinstates the farmers' claim that Dow essentially failed to warn of possible risks. A lower court had dismissed the claims, reasoning that federal law barred states from imposing labeling requirements on pesticides and herbicides other than those set by the Environmental Protection Agency.


But in an opinion by Justice John Paul Stevens, the court ordered the New Orleans-based 5th U.S. Circuit Court of Appeals to take a second look at the case.


Stevens said Dow's claim that the lawsuit should be barred because it relates to the company's labeling isn't necessarily accurate, since the claims could also involve questions of whether the product, known as Strongarm, or manufacturing were defective.

[radwriter0555]

1. Right, those would be the "FRIVOLOUS lawsuits" bush & the GOP are always

whining about????

You know, the ones that determine what your uterus is worth... or perhaps your spine? Or in this case, your peanuts.

Excellent!

[Robert Oak]

2. score yes those frivolous lawsuits

such as the class actions for poisoning ground water or malpractice
when the Medical profession to this day has no easy way for
people to check on the history of their doctors and so on...

all so frivolous trying to protect the American people.

[kanrok]

3. Those damned activist judges!

How dare they pit one of our brave President's constituents against another!

[BeFree]

4. Texas Farmers?

What's wrong with those boys? Can't they pull themselves up by their bootsraps and take personal responsibility? Why do they blame their troubles on an innocent chemical manufacturer? That ain't very Texan of 'em, now is it?