No. 21-241
Monsanto Company v. Edwin Hardeman
Tags: daubert-standard epa-approval expert-testimony failure-to-warn federal-insecticide-fungicide-and-rodenticide-act fifra-preemption herbicide-regulation preemption state-law-claims
Latest Conference:
2022-06-16
(distributed 4 times)
Question Presented (from Petition)
1. Whether FIFRA preempts a state-law failure-to-warn claim where the warning cannot be added to a product without EPA approval and EPA has repeatedly concluded that the warning is not appropriate.
2. Whether the Ninth Circuit's standard for admitting expert testimony—which departs from other circuits' standards—is inconsistent with this Court's precedent and Federal Rule of Evidence 702.
Question Presented (AI Summary)
Whether FIFRA preempts a state-law failure-to-warn claim
Docket Entries
2022-06-21
Petition DENIED.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-05-25
Supplemental brief of respondent Edwin Hardeman filed. (Distributed)
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-23
Supplemental brief of petitioner Monsanto Company filed. (Distributed)
2022-05-10
Brief amicus curiae of United States filed.
2021-12-13
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-22
Reply of petitioner Monsanto Company filed. (Distributed)
2021-11-03
Brief of respondent Edwin Hardeman in opposition filed.
2021-10-04
Brief amicus curiae of Washington Legal Foundation filed.
2021-10-04
Brief amicus curiae of Retail Litigation Center, Inc. filed.
2021-10-01
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
2021-09-30
Brief amicus curiae of Lawyers for Civil Justice filed.
2021-09-13
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-10
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-09-03
Response Requested. (Due October 4, 2021)
2021-09-01
Brief amicus curiae of Atlantic Legal Foundation filed. (Distributed)
2021-09-01
Brief amici curiae of U.S. Chamber of Commerce, et al. filed. (Distributed)
2021-09-01
DISTRIBUTED for Conference of 9/27/2021.
2021-08-31
Brief amicus curiae of CropLife America filed. (Distributed)
2021-08-24
Waiver of right of respondent Edwin Hardeman to respond filed.
2021-08-16
Petition for a writ of certiorari filed. (Response due September 17, 2021)
Attorneys
Atlantic Legal Foundation
Lawrence S. Ebner — Atlantic Legal Foundation, Amicus
CropLife America
Shannen Wayne Coffin — Steptoe & Johnson LLP, Amicus
Edwin Hardeman
David C. Frederick — Kellogg, Hansen, Todd, Figel & Frederick, Respondent
David Jackson Wool — Wool Trial Law LLC, Respondent
Lawyers for Civil Justice
Mary Massaron — Plunkett & Cooney, P.C., Amicus
Monsanto Company
Seth P. Waxman — Wilmer Cutler Pickering Hale and Dorr LLP, Petitioner
Product Liability Advisory Council, Inc.
Retail Litigation Center, Inc.
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Washington Legal Foundation
Jonathan S. Tam — Dechert LLP, Amicus