BASF Fails To Shake Farmers' Fungicide Suit

Law360, New York (December 14, 2010, 1:06 PM EST) -- A federal judge has shot down BASF Corp.'s bid for summary judgment in a suit brought by commercial blueberry farmers who allege that their crops were damaged by the company's fungicides, ruling that the farmers' claims are not preempted by federal law.

Judge Lawrence J. O'Neill of the the U.S. District Court for the Eastern District of California on Monday denied BASF's motion for summary judgment, finding that the chemical maker had failed to establish that the plaintiffs' tort claims were preempted by the Federal Insecticide,...
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