Monsanto Petitions for Eleventh Circuit En Banc Review After Losing FIFRA Preemption Argument Against State Law Failure to Warn Claim

December 2022

Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 3

On November 4, 2022, Monsanto Company (Monsanto) requested the full Eleventh Circuit Court of Appeals review a decision made by a panel of the court’s judges in John D. Carson v. Monsanto Co., Case No. 21-10994. Monsanto’s plea comes on the heels of the Eleventh Circuit panel’s October 28, 2022 opinion holding that Georgia state failure-to-warn claims are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This October decision substituted the panel’s July decision but remained largely the same–a victory for plaintiffs involved in Roundup® cases around the country.

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