This case presents the same question that is presently before the Court in Monsanto Co. v. Durnell, No. 24-1068 (cert. granted Jan. 16, 2026), which is set for oral argument on April 27, 2026. This case also carries an additional wrinkle. In addition to receiving an award of $61.1 million in compensatory damages, the three plaintiffs here were awarded $549.9 million in punitive damages. That is nine times the already substantial compensatory damages awards these plaintiffs received, and it was imposed even though juries in prior cases had already awarded plaintiffs billions of dollars—and Monsanto had paid out nearly a hundred million dollars—in punitive damages for the very same conduct.

The questions presented are:

1. Whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts a label-based failure-to-warn claim where EPA has not required the warning. (This is the question presented in Durnell.)

2. Whether due process permits the entry of multiplicative nine-figure awards of punitive damages in multiple suits for a single, inseparable act.

Question not identified.