Monsanto Co. v. Durnell: A Supreme Court Oral Argument Preview

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On April 22, 2026 ALF Executive Vice President & General Counsel Larry Ebner participated in a webinar panel previewing the Supreme Court oral argument in Monsanto Co. v. Durnell (24-1068). The question presented by the case is whether FIFRA, the federal pesticide regulatory statute, preempts state-law failure-to-warn claims based on a pesticide producer’s failure to provide a […]

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Supreme Court Should End Roundup Failure-To-Warn Litigation

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

On January 16, 2026 the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the question of whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts pesticide label-related failure-to-warn claims where U.S. EPA does not require the warning at issue. The answer to this question will affect state-law personal injury claims alleging that Monsanto

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Supreme Court Should Decide Whether Roundup Failure-To-Warn Claims Are Preempted

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On behalf of the Atlantic Legal Foundation, I have authored and filed an amicus brief supporting the certiorari petition in Monsanto Company v. Durnell (24-1068), which  urges the Supreme Court to decide whether the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) preempts state-law failure-to-warn claims involving Roundup, a widely used agricultural herbicide. Case Background Section 24(b) of FIFRA, 7

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Third Circuit Roundup® Ruling Is Roadmap For Preemption Of Failure-To-Warn Claims

All Publications, Commentary, Federal Courts of Appeals, Federal Preemption, Published Articles /

AT LAST! A federal court of appeals has correctly interpreted and applied the “parallel requirements” exception to federal preemption of pesticide-related failure-to-warn claims. Read my Law360 Expert Analysis of the Third Circuit’s August 15, 2024 decision in Schaffner v. Monsanto.

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ALF Urges Supreme Court To Decide Whether Federal Law Precludes Climate Change Damages Suits

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, US Supreme Court /

State and local governments have filed dozens of damages suits in state courts around the United States collectively seeking billions of dollars  from major oil and gas producers for the alleged local effects of global warming and climate change.  The potentially disastrous national and international ramifications of allowing these proliferating suits to proceed are enormously

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ALF Urges 4th Circuit To Enforce Electronic Ticket Arbitration Agreements

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Courts of Appeals, Federal Preemption /

Electronic tickets, purchased online for admission to sports, entertainment, and many other types of events, have become ubiquitous. When small groups, such as friends or family, plan to attend an event together, it is customary for one individual to purchase tickets for the group, download them to and store them on his or her mobile

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all things amicus

ALF/WLF Brief Urges Full 11th Circuit To Enforce Federal Preemption of Pesticide Failure-To-Warn Claims

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The U.S. Court of Appeals for the Eleventh Circuit has granted rehearing en banc in Carson v. Monsanto Co., No. 21-10994, one of thousands of state-law personal injury suits alleging that Monsanto, the manufacturer of Roundup herbicide, failed to provide a label warning that glyphosate, the active ingredient in Roundup, can cause cancer. The U.S. Environmental

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all things amicus

ALF Brief Argues Federal Law Preempts California Ban On Sale Of USDA-Approved Poultry Product

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United States Department of Agriculture (USDA) food and labeling standards define foie gras as duck or goose liver “obtained exclusively from specially fed and fattened geese and ducks.”  This centuries-old process, long used in France , involves “force feeding” geese and ducks to enlarge their livers. It is the only way to produce genuine foie gras. California,

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Justices Should Give Feds’ Roundup Amicus Little Weight

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Law360 has published my sharply critical Expert Analysis of the amicus brief that the U.S. Solicitor General recently submitted to the Supreme Court in Monsanto Co. v. Hardeman, No. 21-241. My analysis explains that – “From the perspective of product liability defense attorneys, the brief from the solicitor general is a transparently partisan, short-sighted effort to

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It’s Time For The Supreme Court To Revisit FIFRA Preemption

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, Federal Preemption, State Appellate Courts, US Supreme Court /

More than two decades ago, I stood before the Justices of the California Supreme Court and succeeded in persuading them that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts pesticide-related failure to warn claims. See Etcheverry v. Tri-Ag Service, Inc., 22 Cal.4th 316 (Cal. 2000).  Five years later, in Bates v. Dow AgroSciences,

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