failure-to-warn

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A683 Monsanto Company v. Daniel Anderson, et al. Missouri 2025-12-10 Application cancer-warning failure-to-warn fifra-preemption glyphosate pesticide-labeling punitive-damages Question not identified.
24-1098 Monsanto Company v. Larry Johnson, et al. Oregon 2025-04-22 Pending Relisted (3) epa-regulation failure-to-warn fifra-preemption product-liability state-law warning-requirements Whether FIFRA preempts a state-law failure-to-warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be…
24-1097 Monsanto Company, a Foreign Corporation v. Nancy C. Salas Eleventh Circuit 2025-04-22 Pending Relisted (3) epa-regulation failure-to-warn fifra-preemption product-liability state-law warning-requirements Whether FIFRA preempts a state-law failure-to-warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be…
24-1068 Monsanto Company v. John L. Durnell Missouri 2025-04-09 Granted CVSGAmici (6)Relisted (3) epa-approval failure-to-warn fifra-preemption pesticide-regulation product-labeling state-law-claim Whether FIFRA preempts a state-law failure-to-warn claim where EPA has repeatedly concluded that the warning is not required and the warning cannot be…
24A866 Monsanto Company v. Larry Johnson, et al. Oregon 2025-03-11 Presumed Complete express-preemption failure-to-warn FIFRA-preemption glyphosate implied-preemption pesticide-labeling Question not identified.
24A720 Merck Sharp & Dohme Corporation v. Doris Albrecht, et al. Third Circuit 2025-01-22 Presumed Complete drug-labeling failure-to-warn federal-regulations pharmaceutical-liability preemption product-liability Question not identified.
24A89 Monsanto Company v. John D. Carson Eleventh Circuit 2024-07-25 Presumed Complete epa-approval failure-to-warn fifra labeling preemption state-law-claims Question not identified.
23-196 Jade Mound, et al. v. United States Eighth Circuit 2023-09-01 Denied budgetary-considerations circuit-court-conflict circuit-split discretionary-function-exception failure-to-warn federal-tort-claims-act government-liability latent-danger public-safety warning-duty When the government is alleged to have tortiously neglected to warn the public of a known, latent danger, whether the de minimis cost of posting such …
21-1272 Monsanto Company v. Alberta Pilliod, et al. California 2022-03-21 Denied Amici (1) compensatory-damages due-process epa-regulation failure-to-warn federal-insecticide-fungicide-and-rodenticide-act fifra-preemption preemption product-labeling punitive-damages 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…
21-1238 Ina Ann Rodman v. Otsuka America Pharmaceutical, Inc. Ninth Circuit 2022-03-11 Denied Response Waived 21-cfr-314-80 design-defect drug-labeling expert-testimony failure-to-warn misbranding pharmaceutical-liability post-marketing-surveillance summary-judgment wyeth-v-levine 1. Whether Ms. Rodman presented admissible evidence in the form of Otsuka's failure to follow the admonition of 21 C.F.R. § 314.80 to conduct post-mar…
21-1144 Tracie Leach, et al. v. Mentor Worldwide, LLC Ninth Circuit 2022-02-17 Denied Response WaivedRelisted (2) adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments preemption rule-12(b)(6) state-common-law The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismiss…
21-590 A. Michael Davallou v. United States First Circuit 2021-10-22 Denied Response Waived administrative-law discretionary-function-exception failure-to-warn federal-tort-claims-act government-liability hazard-disclosure negligence policy-decision specific-known-immediate-hazard warning-duty Whether the Government's failure to warn of a specific, known, immediate hazard, for which the acting agency is responsible, is not the kind of broade…
21-241 Monsanto Company v. Edwin Hardeman Ninth Circuit 2021-08-18 Denied CVSGAmici (8)Response RequestedResponse WaivedRelisted (4) daubert-standard epa-approval expert-testimony failure-to-warn federal-insecticide-fungicide-and-rodenticide-act fifra-preemption herbicide-regulation preemption state-law-claims 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…
21-26 Brittany Billetts, et al. v. Mentor Worldwide LLC Ninth Circuit 2021-07-09 Denied adverse-events common-law-claims defective-manufacture failure-to-warn food-and-drug-administration medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal …
20-1822 Amber Brooks, et al. v. Mentor Worldwide LLC Tenth Circuit 2021-07-01 Denied adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) state-common-law The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal …
19-8689 Rebeca Lawrence v. Medtronic Ninth Circuit 2020-06-12 Denied Response WaivedIFP adverse-events failure-to-warn fda-reporting fda-requirements fraud fraud-allegations medical-device pre-market-approval preemption product-liability reliance 1. What is the scope of the FDA's requirements of reporting of adverse events and whether Title 21 §803.50; Title 21 §803.56; and Title 21 §814.84 exp…
19-1246 Rita McDaniel, Individually and as Personal Representative of the Estate of Johnny F. McDaniel, Deceased v. Upsher-Smith Laboratories, Inc. Sixth Circuit 2020-04-26 Denied failure-to-warn fda-labeling fda-regulations federal-regulations implied-preemption medication-guide parallel-federal-regulations preemption state-law tort-claim Whether a state-law, failure-to-warn claim that parallels a defendant's failure to follow FDA labeling regulations is impliedly preempted?
19-192 Matthew Herrick v. Grindr LLC, et al. Second Circuit 2019-08-14 Denied Response Waived affirmative-defense communications-decency-act failure-to-warn fraud interactive-computer-services motion-to-dismiss negligence non-publication-torts product-liability publication-torts section-230 (1) Does the Communications Decency Act § 230(c)(1), which protects interactive computer services from liability for traditional publication torts whe…