green
Positive treatment
0.6 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited "but see"
Dow Chemical Co. v. Ebling
But see, Nathan Kimmel, Inc. v. Dowelanco, 255 F.3d 1196 (9th Cir.2001)(suggesting that due to recent developments court may revisit meaning of "requirements"); Sleath v. West Mont Home Health Services, Inc., 16 P.3d 1042, 1053 (Mont.2000)(holding common law causes of action based on failure to warn not preempted because preemption provision in FIFRA only applies to positive law); Brown v. Chas.
discussed
Cited as authority (rule)
Sweat v. Hull
Pursuant to the Supremacy Clause of the United States Constitution, “any state law conflicting with federal law is preempted by the federal law and is without effect.” Nathan Kimmel, Inc. v. Dowelanco, 255 F.3d 1196, 1199 (9th Cir.2001); In re Cybernetic Servs., Inc., 252 F.3d 1039, 1045 (9th Cir.2001) (stating that the Supremacy Clause “invalidates state laws that interfere. with, or are contrary to, federal law.”) (citations omitted); Defenders of Wildlife v. Hull, 199 Ariz. 411 , 18 P.3d 722 (2001) (stating that pursuant to the Supremacy Clause of the United States Constitution, fed…
Retrieving the full opinion text from the archive…
Nathan Kimmel, Inc. Nathan Kimmel, LLC Knf Corp., Formerly Known as Kennedy Nylon Film Corp.
v.
Dowelanco
v.
Dowelanco
99-56746.
Court of Appeals for the Ninth Circuit.
Jul 10, 2001.
Published
255 F.3d 1196 (9th Cir. 2001)
NATHAN KIMMEL, INC.; NATHAN KIMMEL, LLC; KNF CORP., FORMERLY KNOWN AS KENNEDY NYLON FILM CORP., PLAINTIFFS-APPELLANTS,
v.
DOWELANCO, DEFENDANT-APPELLEE.
No. 99-56746
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Submitted June 6, 2001 Pasadena, California
Filed July 10, 2001
1
NOTE: OPINION HAS BEEN WITHDRAWN. SEE NEW OPINION DATED FOR JANUARY 7, 2002.