roundup

The Supreme Court Rules in Favor of Bayer

A corner of the Supreme Court building being hit by afternoon sun

Bayer gets the litigation relief it was looking for in the Monsanto Roundup case.

The Supreme Court has ruled in favor of Monsanto in its ongoing effort to contain its vast and growing litigation exposure stemming from its best-selling product, Roundup—the most popular weed killer in the world.  In a decision by Justice Kavanaugh (joined by six other justices), the Court held that FIFRA expressly preempts the state law …

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Roundup at the Supreme Court

A corner of the Supreme Court building being hit by afternoon sun

Bayer and its allies in the Trump Administration got their day in court.

Today, the Supreme Court heard arguments in Monsanto v. Durnell.  As discussed in a previous blog post, the broader context of the case is significant even though the question before the Court was a narrow one: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-to-warn claim where EPA has not required the …

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Pesticides, Cancer, and Failure-to-Warn at the Supreme Court

A huge amount of weed killers in spray bottles lined side by side in a store aisle.

The pro-business Roberts Court considers whether to preempt state law failure-to-warn claims. Will corporate and agency malfeasance on glyphosate matter?

Two weeks ago, the Supreme Court granted cert in an important case involving a preemption question under the Federal Insecticide, Fungicide, and Rodenticide Act (aka FIFRA).  The question presented: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-to-warn claim where EPA has not required the warning?” The case involves glyphosate, which is …

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U.S. Supreme Court Issues Decision in Monsanto case

The U.S. Supreme Court handed down its decision today in Monsanto v. Geertson Seed Farms,   a case involving Monsanto’s efforts to introduce Roundup Ready Alfalfa, a genetically modified crop engineered to tolerate the herbicide Roundup.   The Court, on a 7-1 vote (Stevens dissenting, Bryer recused), held in favor of Monsanto but did so in a way …

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