Du Pont 'Toxic' Fungicide Suit Wrongly Tossed: Court

Law360, New York (August 20, 2008, 12:00 AM EDT) -- A Florida appeals court has reversed the dismissal of a product liability action filed in 1994 by two plant growers who claimed E.I. du Pont de Nemours & Co.'s now-discontinued fungicide Benlate 50 DF contained elevated levels of toxic chemicals that damaged the plants in their nursery.

A three-judge panel of the District Court of Appeal of the State of Florida for the Fifth Circuit said in a ruling Aug. 15 that a trial court had applied the wrong version of state civil procedure rules governing...
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