Court Denies Motion for Summary Judgment on Preemption Grounds

ROCKFORD, Ill. -- An Illinois trial court has denied Radiator Specialty's efforts to secure an award of summary judgment, ruling that since the court has to see evidence that the products in question met applicable labeling requirements, summary judgment is premature. Petty v. Fiske Brothers, et al., No. 06 L 229 (Ill. 17th Jud. Cir. Ct., Winnebago Cty.).

The order, issued Jan. 2 by the Illinois Seventeenth Judicial Circuit Court for Winnebago County says that if the defendant does present "undisputed" evidence in the future that their Liquid Wrench product met labeling requirements, summary judgment will be appropriate.

Donald and …