Which of the Following Was the Result at the U

question 25

Multiple Choice

Which of the following was the result at the U.S.Supreme Court in Bates v.Dow Agrosciences,LLC,the case in the text in which the Dow filed a declaratory judgment seeking a determination that farmers' claims against it involving a pesticide that allegedly failed to perform as claimed and damaged peanut crops were preempted by the Federal Insecticide,Fungicide,and Rodenticide Act (FIFRA) ?

• A) The Court found that petitioners' claims alleging defective design were essentially a "disguised" failure-to-warn claim and therefore preempted.
• B) The Court found that federal law preempted all the plaintiffs' claims because they essentially requested that the defendant alter its product label.
• C) The Court ruled that FIFRA does not preclude states from providing a remedy to those injured as a result of a manufacturer's violation of FIFRA's labeling requirements.
• D) The Court ruled that while an attempt to require that the defendant change its label was allowed under FIFRA, a claim for monetary damages was preempted.
• E) The Court ruled that while the plaintiffs could proceed with claims of fraud, all other claims were preempted.

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Definitions:

Preoperative Medication

Medicines given to patients before surgical procedures to minimize pain, reduce the risk of infection, or ease anxiety.

Restroom

A facility equipped with toilets and sinks for public or private use.

Bladder Distention

The swelling or enlargement of the bladder, often due to the accumulation of urine.

Catheterization

Introduction of a catheter into a body cavity or organ to inject or remove fluid.