G & M Farms, Inc. v. Britz-Simplot Grower Solutions, LLC, et al., No. 1:13-cv-0368 LJO MJS, 2013 U.S. Dist. LEXIS 75458 (E.D. Cal. May 29, 2013)

(plaintiff grows blueberries and defendant that distributes ag chemicals and employees licensed pest control advisors; defendant’s employee recommended fertilizer to use on blueberries and, upon usage, plaintiff’s blueberries were damaged or destroyed; product label did not warn of potentially adverse effects; plaintiff sued in strict liability for design defect; negligence for failure to warn, misrepresentation and fraudulent concealment; defendant claimed that court lacked subject matter jurisdiction because all claims arise out of state law; court determined that, consistent with U.S. Supreme Court decision inBates v. Dow Agroschiences LLC, 544 U.S. 431 (2005), that nothing in FIFRA precludes states from providing remedy to farmers and plaintiff can assert state law claims based on alleged FIFRA violations to extent that claims would not impose requirement that is in addition to or different from FIFRA requirements, but cannot assert federal claim; plaintiff cannot rely on FIFRA to establish federal question jurisdiction; motion to dismiss for lack of subject matter jurisdiction granted; plaintiff has until Jun.18, 2013, to amend complaint or face dismissal and closure of case).