Which of the Following Was the Result at the U

question 90

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 Dow filed a declaratory judgment seeking a determination that farmers' claims were preempted by the Federal Insecticide,Fungicide,and Rodenticide Act (FIFRA) ? The farmers had sued Dow over a pesticide that allegedly failed to perform as claimed and that damaged peanut crops.

• A)The Court ruled that while the plaintiffs could proceed with claims of fraud,all other claims were preempted.
• B)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.
• C)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.
• D)The Court found that petitioners' claims alleging defective design were essentially a "disguised" failure-to-warn claim and therefore preempted.
• E)The Court found that federal law preempted all the plaintiffs' claims because they essentially requested that the defendant alter its product label.

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Definitions:

Unbundling

Use of several Current Procedural Terminology codes for a service when one inclusive code is available.

Fraudulent

Involving or using deceit and deception to gain an unfair advantage or to deprive someone of a legal right.

Compliance Plan

A set of internal policies and procedures implemented by a company to comply with laws, regulations, and ethical standards.

Fraud

Deceptive practice or action intended to result in financial or personal gain.