Landmark Pesticide Drift Case Appealed

As promised at the time of the decision, the pesticide application company has appealed the decision. Oral arguments took place in the Sixth District court of appeals in San Jose on Nov. 16. Dean T. Barnhard, an Indiana attorney whose services have been retained by Dow Chemical in several previous toxic tort cases, appeared on behalf of the appellant. Joel Franklin, a lawyer with a practice in Monterey, represented Jacobs Farm. At press time, neither was available for comment. The three justices who heard the appeal have up to 90 days to deliver a decision, making it available on or before Feb. 14, 2011.
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